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Death Penalty Off The Table For Erica Lawson Regarding Baby Elena Case

Writer's picture: WRIL-FMWRIL-FM

From WRIL The Big One -

On Tuesday February 11, 2025, Erica Lawson had another pretrial conference in reference to the 2023 death of her child affectionately known as “Baby Elena”.  A significant change took place during the hearing that effectively removed the death penalty from her initial indictment. 


She was originally charged by former Commonwealth Attorney Lisa Fugate with manslaughter, criminal abuse to a child under 12 years old, failure to report child abuse, and wanton endangerment.


The Grand Jury then returned a true bill on Lawson with four counts – “I. Murder by intentionally causing the child’s death for failing to provide aide, II. failure to report child dependency, neglect, or abuse of the child, III. criminal abuse of the child, and IV. wanton endangerment for engaging in drug use in the presence of the child.”


In an order signed by Circuit Judge Keith Nagle in Bell Circuit Court the finding of facts determined that “only those murders which are accompanied by an aggravating factor or aggravator are eligible for the death penalty.”  A bill of particulars did not determine those aggravators and the conclusion of law states that “the legislative history…makes clear that the killing must have been the conscious objective of the person engaged in the conduct…”


Also in the order, newly elected Bell County Commonwealth Attorney Mike Taylor “conceded that the imposition of the death penalty is not warranted and cannot be proven.”


Count I of the August 22, 2023 indictment now reads "Murder by wantonly causing the death of E.H., a child under the age of 12, by failing to provide aid to E>H>, her 17-month-old daughter, who was unable to breath."


As a reminder, on Friday night July 28, 2023, the toddler was taken to Middlesboro ARH Hospital with severe injuries.  Due to the extreme and life-threatening nature of the injuries, the child was flown to Children’s Hospital in Knoxville, Tennessee. The medical staff attempted to stabilize the girl, placing her on a respirator, but unfortunately, she passed away Sunday evening July 30th at Children’s Hospital.


Middlesboro Police interviewed and shortly afterward arrested Lawson in connection with the violent and tragic crime.  She has been held on a $1.000,000 cash bond ever since.


While there have been no other arrests in this case, both Middesboro and the FBI continue separate investigations.

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