A 29 year-old mother researches on the internet how to poison her children. She later mixes windshield de-icer fluid into some grape juice and serves the toxic mixture to her five-year-old son and 4-month-old daughter. When the toxic fluid fails to kill them, she takes those two children into the bathroom and drowns them in the bathtub. She writes a note to the father of those two children blaming him for her actions. She had recently discovered that he fathered a child with another woman. She then seals all of the windows in her apartment with plastic and tape and sends a text to her boyfriend (father of the children) that says, "I'm sorry the kids are gone. I'm next." She turns on the gas from her stove, drinks the toxic grape juice, and cuts her wrists. 9-1-1 reports of a gas leak cause firefighters to discover the grave scene. The kids are dead, but the mother survives.
Lisette Bamenga committed this horrific crime in New York four years ago. Prosecutors charged her with two counts of murder and sought a 40-year prison sentence, claiming that she killed the children in a jealous rage after finding out about her boyfriend's infidelity. Bamenga opted for a bench trial, and her defense attorneys argued that she suffered from postpartum psychosis and should not be held responsible for the killings. The judge convicted Bamenga of manslaughter and sentenced her to 8 years in prison on each count to run concurrently.
Postpartum psychosis? Would it be different if her kids were 2 years old and 5 years old instead? At what point after the birth of a child does the postpartum psychosis defense cease to apply? At what point does the psychotic period end, if ever? What if the tables were turned and the father committed this crime instead? This woman researched methods of poisoning her children on the internet. She went to the store and bought windshield de-icer fluid. She mixed it with juice and gave it to her unsuspecting, trusting little children. When the poison did not kill them like she thought it would, she decided to drown them. She took their little bodies and submerged them under water in their own bathtub until she was sure they were dead. She was distraught over her boyfriend's affair and baby with another woman.
This case seems different from the Andrea Yates case. In 2006, after a re-trial, Andrea Yates was found innocent by reason of insanity and sentenced to a mental hospital. As far as I know, she remains in a mental hospital today.
The sad fact is that two young, defenseless children are dead at the hands of the woman who gave them life.
Lisette Bamenga committed this horrific crime in New York four years ago. Prosecutors charged her with two counts of murder and sought a 40-year prison sentence, claiming that she killed the children in a jealous rage after finding out about her boyfriend's infidelity. Bamenga opted for a bench trial, and her defense attorneys argued that she suffered from postpartum psychosis and should not be held responsible for the killings. The judge convicted Bamenga of manslaughter and sentenced her to 8 years in prison on each count to run concurrently.
Postpartum psychosis? Would it be different if her kids were 2 years old and 5 years old instead? At what point after the birth of a child does the postpartum psychosis defense cease to apply? At what point does the psychotic period end, if ever? What if the tables were turned and the father committed this crime instead? This woman researched methods of poisoning her children on the internet. She went to the store and bought windshield de-icer fluid. She mixed it with juice and gave it to her unsuspecting, trusting little children. When the poison did not kill them like she thought it would, she decided to drown them. She took their little bodies and submerged them under water in their own bathtub until she was sure they were dead. She was distraught over her boyfriend's affair and baby with another woman.
This case seems different from the Andrea Yates case. In 2006, after a re-trial, Andrea Yates was found innocent by reason of insanity and sentenced to a mental hospital. As far as I know, she remains in a mental hospital today.
The sad fact is that two young, defenseless children are dead at the hands of the woman who gave them life.
"The judge convicted Bamenga of manslaughter and sentenced her to 8 years in prison on each count to run concurrently.
Postpartum psychosis? Would it be different if her kids were 2 years old and 5 years old instead?"
I think the more interesting question is whether it would be different if the kids were 12 and 15 years old and could fight back.
Oddly, I have never seen a mother-kills-kid case in which the kid's age was in double digits. This might lead a suspicious man to think that it's less the "psychosis" than the prospect of resistance that's at play in these crimes.
When I was practicing law full time I always tried to avoid a bench trial because I believed that a judge is likely as not to have a distorted sense of justice. I always trusted juries to be more likely to do the right thing.
This judge may have allowed his emotions to distort his sense of duty to do justice and send a message that if you murder your children you should go to prison for a long time. Much longer than 8 years for sure.
As far as I have read, it is fairly common knowledge that murdering children draws significantly shorter sentences than killing adults.
The outrage in NY over the above case was probably much less than the average dog abuser story in the local paper. If you doubt this, find such a story and read the comments section.
We are a culture of death, especially as it relates to children. We even have a sitting U.S. Senator who has stated that a baby is not even a "life" until it leaves the hospital.
A key presidential adviser has made the argument that a child is not a human until it has reached the intellect of our fellow primates.
That this mentality is on the bench is of little surprise.
We are not operating blindly here. Research suggests that the average duration of postpartum psychosis ranges from 30 days to 6 months.
Based on the information in this post there's lots of reasons to be skeptical of her defense. But taking steps to ensure that her children were dead is not one them. Even the most crazy person can carry out planned behavior. It's the reasons for the behavior that we care about.