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SOUTH JORDAN -- A South Jordan mother charged in the co-sleeping death of her 3 month old son has a plea deal in the works.
State prosecutors are currently working with the District Attorney to come up with some sort of plea agreement for Echo Nielson, one that could include jail time. But it's that possibility of jail time that Neilson's attorney says could prompt them to reject the deal and go to trial.
Charges were filed against Nielson and her husband, Trevor Merrill, in 2007 after their 3 month old son died while co-sleeping with them. Three years earlier their 24 day old baby died while co-sleeping with them, the result of asphyxiation, according to Utah's chief medical examiner.
The Utah Court of Appeals ruled there is evidence related to their first child's death that makes it probable that Nielson acted with the knowledge that co-sleeping put their second child at risk.
Earlier this month the Utah Court of Appeals determined that the couple can be bound over for trial on charges of child abuse homicide and reckless endangerment. In the ruling it states there is evidence related to their first child's death that makes it probable that Nielson acted with the knowledge that co-sleeping put their second child at risk.
State prosecutor Josh Player said, "There will be consequences for Mrs. Neilson, in the event that we reach an agreement. The quesiton is what sort of consequences are appropriate for her, and that's the conversation I'll be having with them."
Nielson arrived at court alone today and, after her brief appearance before the judge, she declined to comment about the case.
Her attorney Heather Chesnut says it's been a very stressful situation for her and her family for several years now.
"It wouldn't be easy for any family to lose a baby under any circumstances, and it hasn't been for her. That's been the crux of this case, really -- what kind of responsibility does or doesn't she have?" Chesnut said. "I can say that we have had a lot of communication from people in the community from both sides of this issue--medical experts who are against co-sleeping as well as medical and nurturing experts who are very much in favor of co-sleeping, citing benefits like bonding between mother, the ease of breat feeding, which is something that is very beneficial to baby."
Nielson and her husband will appear together on Feb 14. At that time we should find out if the plea agreement has been accepted or if the case will go to trial.
E-mail: spark@ksl.com
