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Pocono News Section
Luzerne County Baby Death Trial Underway
Luzerne County Baby Death Trial Underway - Tuesday, December 9, 2008 at 4:25PM EST
WILKES-BARRE, LUZERNE COUNTY- The case of a Luzerne County woman charged in the death of her baby is underway. Testimony began Tuesday in the trial of 26-year-old Tiffany Simmons of Hazleton.
In opening arguments the prosecution said Simmons used reckless judgment that led to her baby Xavier's death. The defense said she's a loving mother currently going through a nightmare.
Simmons is on trial for involuntary manslaughter and endangering the welfare of a child. On January 15th, her 3-month-old baby Xavier Simmons died. Investigators say baby Xavier was hit on the head by Allan Leitzel, Jr.
It happened at Leitzel's home in Hazleton, a place baby Xavier wasn't supposed to be. Children and Youth Services ordered Simmons to keep Xavier away from Leitzel Junior. In court, the organization said Leitzel Juinor had a violent history, including an assault charge. Children and Youth says Simmons agreed to keep her child away from Leitzel, but that didn't happen.
The defense's argument is Simmons never signed the paperwork, and she didn't know about Leitzel Junior’s violent past. Whether or not Simmons was indirectly responsible for her baby's death will be up to a jury. Attorneys on both sides say this case is moving along quickly.
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