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Couple Sentenced In Death Of 11-Day-Old Child

Contributor: Bill Price
Email: bprice@wcpo.com
Last Update: 9/29 1:48 pm
The Clermont County parents charged in connection with the death of their 11-day-old daughter were sentenced on Tuesday.

Clermont County Common Pleas Judge Kenneth Zuk sentenced 26-year-old John Foster of Miami Township and Samantha Smith of Goshen Township each to four years in prison for the December 2008 death of their daughter, Caroline.

Last month, the couple pleaded guilty to lesser charges of felony child endangering. They could have been sentenced to 23 years behind bars on the original charges of involuntary manslaughter.

Smith told police she squeezed Caroline's stomach very hard because she was constipated. Doctors say the baby died because her bowel had become perforated.

Judge Zuk said while there was no evidence either parent directly killed the baby but said there was a clear pattern of neglect.

Even after the baby was clearly in distress, the judge said evidence showed the couple failed to take her to a doctor.

When Smith's case was heard she broke into tears in describing how important Caroline was to her.

She told the court, "I should have done what was necessary for my little girl. I realize that now. She was my first child. I had lost three other pregnancies. I don't know if my lawyer mentioned it but I'm pregnant again."

That's when Assistant Clermont County Prosecutor Scott Smith responded harshly to Samantha's statement. "This may not be politically correct to say, but I think the best place for Ms. Smith to have another child will probably be in prison. That's because its the height of irresponsibility to, while you're on bond over the death of your daughter to be going out and getting pregnant again."

There was also evidence presented during the hearing that about three weeks before Caroline's death, the couple had talked about asking the state to put her into foster care.

The judge also ordered the couple must be on three years of community control after they are released from prison.




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