Estimated read time: 2-3 minutes
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Amanda Butterfield Reporting"Here's a man who steps up to defend a child, the child is killed, and the state has the gall to charge him with a crime."
A father tried to get his baby out of a meth house, but a judge ordered him to give her back. Ten days later she died from ingesting meth.
The baby's mother was charged with child endangerment and desecration of a body. The father faces charges of assault and burglary for trying to get the baby out of harm's way. However, his lawyers and the mother say he's not guilty.
That father, Cole Morrow, lives in Nevada. He's hoping the judge will drop the charges. And with evidence his lawyer showed us today, they can't believe this is a case.
Cole Morrow, Father: "I'm not criminal, I was just protecting my daughter."
Estella Lacey should be eight months old today. Her father, Cole Morrow is sure she would be if he had been allowed to keep her.
Cole Morrow: "Oh most definitely, definitely."
She died December 28th. But let's go back ten days before that, when Morrow and his mother came here to check on Estella. His mother went in first, that's when Morrow's lawyers say Raymond Chesley, the boyfriend of the baby's mother Mary Lacey, attacked her.
Gregory Hawkins, Hawkins & Sorensen: "Our client got out of the car, went to protect his mother, and took the baby because it's his child."
That's why Morrow is being charged with burglary and assault. The same day Morrow did take the baby, but a judge ordered him to return her, and he did. Ten days later, Estella ingested a bag of meth and died.
Here's what Morrow's lawyers can't believe. They have a signed document from Mary Lacey, that Morrow did not enter the home to do harm and Morrow did not assault Chesley...
Gregory Hawkins, Father: "Not only did she sign it, but the court, Judge Barrett actually found those facts to be true and put it in an order."
Reporter: "So let me ask you this why is he still being charged?"
Gregory Hawkins: "Why don't you ask everybody in the world that because it's ridiculous the county prosecutor would proceed in a case like this."
We asked the District Attorney's office that; we were told the prosecutor working on the case is out of town. We were faxed the probable cause statement, showing the detective's findings on the day Morrow went to the house, stating he entered it unlawfully and assaulted Chesley.
Hawkins says he's ready for a trial.
Gregory Hawkins: "But if it goes to trial, we're going all the way, to make public, this man did the right thing, and shouldn't be charged."
Hawkins, Morrows lawyer, says they made the D.A.'s office aware of these documents where Lacey signed that Morrow is not guilty, and a judge agreed. Still, Morrow's preliminary hearing is set for next Tuesday.
