Verdict Reached In Child Poisoning Case
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Updated: 10:59 AM Apr 17, 2008
Verdict Reached In Child Poisoning Case
The jury found Carolyn Futrell guilty of involuntary manslaughter. Despite the verdict, Futrell was released from the Onslow County jail.
Posted: 11:10 AM Apr 14, 2008
Reporter: Christine Kennedy / Bill Wilson
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Carolyn Futrell is a free woman, less than an hour and a half after an Onslow County jury convicted her of involuntary manslaughter.

Wednesday, the jury found the woman guilty of involuntary manslaughter in connection with the poisoning death of her seven-year-old foster daughter.

The sentence for involuntary manslaughter is between 16 and 20 months in prison. But since Futrell had already served more than 20 months in jail, the judge this afternoon waived any sentencing.

Jurors deliberated Tuesday for about 2-1/2 hours without reaching a verdict. They returned Wednesday morning and finally reached a verdict shortly after 2:30 p.m.

The defense maintained the death of Kayla Allen was a tragic household accident, but prosecutors contended Futrell forced the child to drink the poison. The jury did not agree.

Tuesday's Story

An Onslow County jury deliberated for just over 2 1/2 hours this afternoon, deciding the fate of Carolyn Futrell.

Carolyn Futrell faces life in prison if convicted in the first degree murder of her seven-year-old foster child, Kayla Allen. The other possible verdicts are guilty of involuntary manslaughter and not guilty.

On the stand yesterday, Futrell denied harming the little girl.

At 5:00 p.m. jurors came back with a question for the judge. They asked on the involuntary manslaughter charge "does it (the poison) need to be given directly to the person?". The judge responded no, it does not. At that point the judge dismissed the jurors until 9:30 Wednesday morning.

In closing arguments this morning, Assistants District Attorney Mike Maultsby told jurors, "Kayla didn't drink hydrocarbons because it tasted good, the defendant made her."

Futrell said the death was an accident, that the child grabbed a water bottle containing insecticide and drank it.

A state expert said with the amount of poison in the girl's stomach, she would have had a take eight gulps from the bottle.

"It didn't look or smell like water, or feel like water as it burned her esophagus," Maultsby told the jurors this morning. He added, "She was made to drink it by the defendant."

Futrell told jurors yesterday that Kayla was suffering from allergies and must not have smelled the poison. "This bottle here contained Atroban, its been sitting in the sheriffs office, for years and it still smells horrible," the assistant district attorney countered in his closing to the jury.

The defense started its closing argument by playing the 911 tape.

Attorney Richard Miller told jurors, "The state of North Carolina didn't want you to hear that tape, that is a voice of a desperate mother, trying to save her child."

Miller told jurors there was no motive, no evidence that Futrell coerced Kayla to drink what he call a terrible potion. "The D.A. wants you to find my client guilty. It makes no sense. The case should have never gone to trial."

Futrell's attorney finished by screaming to the jury, "Please do not do this...stop this tragedy".

Monday's Story

Emotional testimony today as murder suspect Carolyn Futrell spent more than an hour on the witness stand.

Futrell is accused of forcing her foster daughter to drink poison out of a water bottle back in 2003.

Defense attorney's say Kayla Allen's death was a tragic household accident.

Futrell told jurors she would never have hurt the seven-year-old.

Futrell says the Kayla had been complaining she couldn't breath, so Futrell told jurors she gave her a Dimetapp. Futrell said her foster daughter asked if she could then fill up a water bottle that was under the sink and take it to her bedroom. The defendant says she then took a shower.

Futrell she called Kayla several times after getting out of the shower. She says she found the child in her bed. "I shook her leg, she didn't move. I rolled her over, saw vomit on her pillow. She smelled like pee and poop. At that point I freaked out."

When asked by her lawyer if she loved Kayla, she responded, "With all my heart."

Futrell described the situation as if she was standing there, watching the world move around her. "I was in shock, thinking this can't be my life. I was numb, this was a tragedy, I just lost a child."

Never during the hour and eight minutes on the witness stand did Futrell offer any explanation about how the water bottle containing Atroban ended up in the kitchen.

Earlier today a toxicology consultant who made a report about large number of accidental deaths.

Andrew Mason told jurors among small children, only 26 accidental cases occurred from 1975 to 2006.

Mason says the pesticide was diluted in her stomach and that Dimetapp was found in the child's liver.

Futrell was the last witness to take the stand. Closing arguments in the murder trial will take place Tuesday morning.

Friday's Story

The judge in the Carolyn Futrell murder trial denied a defense motion this morning to not have the jury consider first degree murder.

This came as the state rested it's case against Futrell. Her lawyers argued the jury heard no evidence of premeditation.

Today began the fourth day of testimony in the high profile murder trial. Futrell is accused of poisoning her 7-year-old foster child by making her drink a bottle mixed with water and Atroban. That expert yesterday testified that Kayla Allen swallowed eight gulps from the water bottle, and would have immediately known the bottle contained poison.

Futrell's attorneys claim the death was a terrible household accident.

On the stand this morning was a DSS worker went over the department's dealings with Kayla. The Department of Social Services investigated several allegations of abuse to the little girl, but no charges were ever brought.

Futrell is expected to take the stand in her own defense.

THURSDAY'S STORY

A medical toxicologist says a seven-year-old girl, who was poisoned with Atroban, drank eight times the average gulp for a child her age.

It's day three of testimony in the murder trial of Carolyn Futrell.

The Onslow County woman is accused of forcing Kayla Allen to drink the deadly poison from a water bottle.

On the stand this morning, Dr. Micheal Bueller says Atroban is primarily intended for agriculture use. He told jurors that Kayla would have known she was sick or being poisoned and could have cried out for help.

The expert says he believes the girl was intentionally poisoned.

Prosecutors say Kayla's legal guardian forced the girl to drink the poison, but the defense says it was a tragic household accident.

The state could wrap up its case today against Futrell. The woman is expected to take the witness stand in her own defense.

WEDNESDAY'S STORY

It's the second day of testimony in the murder trial of an Onslow County woman, accused of poisoning a 7-year-old girl.

An attorney for Carolyn Futrell, the girl's legal guardian, says the death of Kayla Allen was a terrible household accident, but prosecutors say the woman deliberately poisoned the little girl back in 2003.

Nine witnesses have so far taken the stand for the state tries to paint a picture of abuse in the household.

Kayla's therapist says she noticed a black eye in one of their sessions, while the girl's first grade teacher testified this morning that Kayla came to school with a lot of bruises and a black eye.

Rebecca Watson told jurors that Kayla told her that Futrell threw her up against the door one morning when the little girl asked for lunch money.

The defense brought up a Child Protection Services report that Watson filed after seeing the injuries. In that report the teacher told a social worker the little girl lied a lot. On the stand, Watson says that statement was taken out of context.

Prosecutors could wrap up their testimony Thursday. It's expected that Futrell will take the stand in her own defense.

TUESDAY'S STORY

Testimony began Tuesday in the Carolyn Futrell murder trial.

You'll recall Carolyn Futrell is accused of poisoning her 7 year old foster child through insecticide.

Tuesday the prosecution told the jury that Kayla's death was no accident, but murder. The defense painted to the jury Futrell's loving relationship with Kayla for almost 6 years, as Futrell sat weeping.

The trial moved forward as the prosecution called seven witnesses. First, Karen Huffman, Kayla's second grade teacher, who described Kayla as "bubbly and energetic" she went on to say Futrell told her Kayla died from a blood clot.

Next three paramedics were called to testify, one telling the jury after seeing Kayla in 2003 lying in her bed, that she was limp, and lifeless, her eyes open and dilated. Kayla's pediatrician also testified, as well as a sheriffs deputy, and a pathologist.

Futrell previously told investigators she kept bottles of water under her sink, for children to drink as well as as separated bottle of insecticide. If convicted Carolyn Futrell faces life in prison.


Latest Comments

Posted by: doesntmatter Location: doesntmatter on May 15, 2008 at 03:16 PM

For the jurors on this case wait until the day yuo get the phone call saying a loved one was killed by a drunk driver, was raped, or even murdered and wait for that jury to come out and say there wasn't enought evidence just because the only witness to the crime is dead! It will happen

POST EDITED

Posted by: Wanda Miller Location: Kenansville, Nc on Apr 22, 2008 at 10:24 PM

Whoa Jane, slinging MuD. Jane, No need to call the juror out on this post. YoU could've given your VOice to the JudGe-PriVaTately before the ruling. In other words, YaLL let Futrelle go FrEE. What's done is DonE. One juRor did not have PoWER over AlL of YoU in determining a sentence.
Posted by: Jane Location: Oklahoma on Apr 22, 2008 at 03:00 PM

I was at the trial; Anon from Hubert, you were the ONLY juror who would not convict, and now a murderer walks free. We wanted a fair and impartial jury, but I do not believe for one moment that you were impartial. That's just my opinion but maybe had you been more honest during voir dire, this would not have happened. YOU let her go free.

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