People v. Turne

619 N.E.2d 781 (1993)

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Nature of the Case

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Facts

Ds were living in an apartment in with their children, then age nine, and age two. Harry Campbell, also lived with them. Ds attempted to phone Campbell from a convenience store to assure that he would be able to watch the children while they worked a shift at the newspaper. Ds called other relatives, and none were able to babysit. Unable to secure a babysitter, Ds drove to work, parked on the street, left the children in the car, and went to work inside the building. Evidence showed that the temperature that evening was 21 degrees Fahrenheit. Someone called police to report that two children had been left in a car for approximately three hours. The officer found the children huddled together inside the car. The police officers testified that neither child had gloves or a hat, nor was there a blanket in the car. The two-year-old had a running nose, and his diaper needed changing. There was also neither food nor water in the car. The older child initially told police she was cold but later stated that she really was not. Paramedics found no physical harm to the children. Ds were arrested and charged with cruelty to children, a Class 4 felony. Ds were found guilty. After denying their post-trial motions, it sentenced them to 30 months' probation, including counseling.