Wednesday, February 03, 2010
Woman sentenced for neglect
Shea Bridgett Molloy was ordered to serve 2 1/2 years for failing to care for her infant son.
Shea Bridgett Molloy's awful childhood could partly explain her decision two summers ago not to feed or care for her newborn son, a Roanoke Circuit Court judge said Tuesday.
But it couldn't excuse the neglect.
Saying Molloy's case troubled him, Judge Charlie Dorsey imposed a 10-year prison sentence, to be suspended after the Southeast Roanoke woman served two and a half years. He also ordered that Molloy, 23, be supervised by the state probation office for a decade after her release, that she not drink alcohol and that she undergo psychotherapy.
It was a penalty below the prosecution's request of six years to serve and sentencing guidelines recommendation. The judge's comments echoed defense attorney Chris Kowalczuk's entreaty to consider the context of Molloy's difficult life.
"This case cries out more than any other for a shades-of-gray interpretation," Kowalczuk said.
Tuesday's hearing revolved around questions similar to those raised at Molloy's trial in September: Had she known she was pregnant before giving birth alone at home? Did she mean to harm her son when she left him untended and returned to her waitress job a day later?
In September, Molloy pleaded guilty to felony child neglect. At the same trial, Dorsey threw out a charge of attempted murder after finding there was insufficient evidence of intent.
On Tuesday, Roanoke Senior Assistant Commonwealth's Attorney Alice Ekirch said that though Molloy told detectives she didn't want to hurt her son, "her actions spoke louder than her words."
"She served food and drink and water to complete strangers while she left her baby to starve in her room," Ekirch said.
Molloy "should get no credit" because the boy survived, she added. After Molloy went to work and spent the night at a boyfriend's home, Molloy's mother discovered the infant and made Molloy take him to the emergency room.
The boy was covered in sores and his own waste, and had lost an estimated 18 percent of his body weight, but recovered and reportedly has been healthy since then. He is in the care of his father and father's parents.
Psychologist Evan Nelson testified that Molloy's childhood trauma, as documented in social services files, could have provoked a state of "extraordinary denial," leaving Molloy not fully aware of the consequences of her actions.
Molloy's father was accused of abusing her siblings, and the family's history included substance abuse and flights out of the country to avoid law enforcement, Nelson said.
Dorsey told Molloy, "You were not well-served by your parents or even by society," but added "I can't appreciate or understand" how she treated her son.
"All you have to do is mention newborn or infant and there is a visceral human response" to care for a baby -- or to seek vengeance against someone who doesn't, the judge said.
Molloy apologized and said she wants to have a future relationship with her son. Dorsey said he was not taking up the question of visitation Tuesday and ordered Molloy to have no contact with her son's father's family unless they consent or if a future court addresses the issue.




