Lawyers representing a killer babysitter dished out a final insult to the mother of seven-month-old Abigail Lobisch on Friday – even as their client was convicted of the infant’s manslaughter.
An Oahu jury ruled on Friday that Dixie Denise Villa, 46, was responsible for Abigail’s February 24 death by giving her a fatal dose of diphenhydramine – an antihistamine found in Benadryl, the Star-Advertiser reports.
Defense attorneys tried to argue during the trial that Lobisch’s mother and father, Villa’s two older daughters or a friend could have given the infant the drug.
Attorney Megan Kau even suggested the baby’s mother, Anna Lobisch, could have had the drug in her system from taking Tylenol PM and causing fatal levels in her daughter through her breast milk, according to the Star-Advertiser.
But prosecutors noted that Villa was home alone with Abigail, her two-year-old brother, and Villa’s own daughter and son – all under the age of five – the night before Abigail was found dead, suggesting Villa was the only one capable of administering the drug.
Deputy Prosecutor Tiffany Kaeo also claimed Villa was overwhelmed with having to care for all of the children at her home at the Aliamanu Military Reserve, and chose to pacify them with iPads and the baby with Benadryl.
Villa, who had been released from jail after posting bail in 2019, has now been taken back into custody and her bail was raised to $500,000.
Yet her defense attorneys say they are seeking a mistrial in the case – claiming Anna, the baby’s mother, lied about co-sleeping with her daughter.
Dixie Denise Villa, 46, was found guilty of the manslaughter of seven-month-old Abigail Lobisch on Friday
Her attorneys are now calling for a mistrial, claiming Anna, the baby’s mother, lied about co-sleeping with her daughter
Abigail died from a fatal dose of diphenhydramine – an antihistamine found in Benadryl on February 24, 2019
Attorney Kau argued that the deputy prosecutor presented new evidence during jury deliberations showing that Anna slept with her baby next to her.
Even though co-sleeping was not listed as Abigail’s cause of death, Kau said it is an issue if the prosecution withheld information.
She also claimed the mother lied during testimony, and pointed out that even prosecutors said in court it was irresponsible for Anna to sleep with her infant next to her.
‘We’re going to ask the court to determine that this was a mistrial, to set aside the guilty verdict and set a new trial,’ Kau told Island News.
She explained that the defense team believes Anna’s lie that she did not sleep next to the infant ‘greatly affects the trial.’
Prosecutor Kaeo also confirmed to Hawaii News Now that she ‘received new information’ and said she ‘complied with my responsibilities.’
Additionally, Kau claimed she received new evidence from a potential witness who said information was provided to the Honolulu Police Department that Anna needed to see a doctor for mental health reasons around the time of the infant’s death.
Prosecutors would not comment to the outlet about the defense’s plans to file for a mistrial, but have so far stood behind the jury’s verdict.
Villa is being held on a half-million dollar bond, and is due to be sentenced on February 26
‘A child is gone, and there’s no bringing her back, but we hope that this offers closure and peace to everybody who’s been affected by this case,’ Kaeo said following the ruling.
Villa is now facing a maximum sentence of 20 years behind prison, and is due to be sentenced on February 26.
In the meantime, Abigail’s parents are also suing 10 defendants, including the United States, claiming negligence led to her death, according to Court TV.
It says Villa, a Navy wife, had been running an illegal, unlicensed childcare business out of her home and neighbors had complained of neglect – prompting military police to shut down the daycare multiple times before Abigail died.
In the aftermath, the Defense Department’s personnel chief called for officials to investigate reports of unauthorized daycare operations on military installations, Military Times reports.
James Stewart, the then-acting under secretary of defense for personnel and readiness, said officials should take all appropriate steps to shut down these illegal daycares.
But Anna had said she was not made aware of the allegations until after her daughter’s death.