Manslaughter trial begins

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buy this photo Stevie Buckley, 18, listens to opening statements during the first day of her trial for manslaughter in the death of her infant daughter. The trial is taking place in the Burleigh County courthouse in downtown Bismarck.

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The trial for a woman accused of causing the death of her infant daughter began Tuesday.

Prosecutors called 15 witnesses to the stand in the first day of a trial for a woman accused of causing the starvation death of her infant daughter.

Stevie Buckley, 18, has pleaded not guilty to Class B felony manslaughter in the Feb. 4 death of her daughter, who has been identified as "K.D." and "Kyra Drapeau" in court. Internet postings also call the girl "Kyra Maylai Buckley" and "Baby K."

Buckley also faces charges of possession of drug paraphernalia, possession of marijuana and minor in possession.

According to the state medical examiner, Kyra died of "chronic starvation and dehydration."

Buckley's trial began Tuesday morning with jury selection, which lasted about 40 minutes. A jury of 12 jurors and two alternates, consisting of six women and eight men, was seated. Later in the day, a female juror had to leave due to her baby's sickness from the H1N1 virus, leaving 13 to hear the case. One person will be dismissed prior to deliberations.

Burleigh County Assistant State's Attorney Pam Nesvig gave opening statements for the prosecution, and defense attorney Kent Morrow also presented a preview of the defense's case.

Nesvig told jurors the evidence would show Buckley was more concerned with partying than caring for her daughter. She gave jurors a brief timeline of Kyra's life, explaining how she had been weighed at different times and once rebounded from a significant weight loss weeks after her birth.

She said they'd hear from people who gave Buckley information on childcare.

"Kyra died from malnutrition and dehydration," Nesvig said. "This did not have to happen."

However, Morrow said Buckley was a loving and attentive mother to Kyra, and said an Iowa doctor will testify later that Kyra died of sepsis or septic shock.

"Stevie was a young mother. She was only 17 when Kyra was born," Morrow said. "But that doesn't mean she was a poor mother."

He said she cared for the infant "to the exclusion of her own personal life," and other people saw her care for Kyra. He also asked jurors to keep the information for the four charges separate, not convicting her of all counts because of evidence of one.

Morrow also said Buckley plans to testify in her own defense.

South Central District Judge Bruce Haskell, who is presiding over the case, kept things moving quickly and pushed prosecutors to keep out repetitive lines of questioning. Prosecutors called 15 witnesses, out of a possible list of 25, on Tuesday. Burleigh County Assistant State's Attorney Lloyd Suhr indicated prosecutors will call several more today.

The witnesses testifying Tuesday included providers from Women, Infants and Children programs in North Dakota and South Dakota, law enforcement officers, friends and acquaintances of Buckley, Buckley's neighbor in the dorms and staff at United Tribes Technical College.

Debra Palmer, a registered nurse who works for the WIC program in Pierre, S.D., said Buckley brought Kyra to WIC about three weeks after her July 18, 2008 birth. Kyra had lost more than a pound and a half since her birth, Palmer said.

"I weighed the baby again. I mean, I actually picked it up and put it back down to check my scale," she said. "I felt that it should have gained weight by then."

Buckley received vouchers and educational information from the Pierre office but never returned. Buckley did take Kyra several weeks later to the Fort Thompson, S.D., office, where nutritionist Kristine Ringstmeyer weighed Kyra at 9 pounds 4 ounces, a normal weight for her age. Buckley later took Kyra to offices in Grand Forks, where she weighed 11 pounds 5 ounces in October 2008. Buckley received vouchers and information from the Grand Forks office and later from an office at United Tribes Technical College, according to testimony.

Daycare staff also testified on Tuesday. Kyra attended daycare from Jan. 7 to Jan. 20 and was discharged on Jan. 21 because Buckley had not given them a copy of a birth certificate, despite at least seven reminders form the staff.

Lori Brown, the director of the infant and toddler center at UTTC, said she never received reports from teachers at the daycare of suspected child abuse or neglect. Amy Sicble, a daycare provider there, said Kyra's fussiness was overcome by using a smaller nipple on her bottle. Sicble said she also once had to bathe Kyra when Buckley brought her wearing the same clothes as the day before, and she had food in her clothes and hair.

Amy Lee, a UTTC student who lived next door to Buckley and Kyra in the single parent dorms, said Buckley often had loud parties and she once called security when music and loud voices woke her son three times in one night. Lee said she didn't ever ask them to be quiet herself, because she was trying to mind her own business. She assumed Buckley's baby was in the room, but didn't know.

Blair Thomas was the security officer who responded to Lee's report of a loud party. He said there were about six people inside Buckley's dorm room. Noises were audible outside the building. Buckley tried to keep him out of the dorm after seeing security was at the door, but he entered and smelled burnt marijuana. He told everyone to leave and had to get to another call.

Heather Mattheis, a social worker from Burleigh County Social Services, testified that she spoke to Buckley on Feb. 3 about the baby having a flat spot on her head, about feeding and problems Buckley had had with Kyra. Buckley told her she would lay Kyra down for long periods of time while she did homework or cleaned.

Buckley also told her Kyra had been immunized by a doctor in Grand Forks, but that doctor has no record of seeing the child.

Burleigh County Sheriff's Deputy Brian Sleeper and Cpl. Tracy Nelson testified about investigating the case when the baby was taken to the hospital. She first told officers she never drank or did drugs but later admitted she drank and smoked marijuana regularly.

Buckley also told the officers several times that she didn't know how to care for her baby, Sleeper said.

Nelson, the lead investigator on the case, said he found marijuana, drug paraphernalia and alcohol containers in Buckley's dorm, along with unopened formula containers and other nearly-full baby food items. Though there was evidence the garbage had not been taken out for awhile, Nelson found no used baby food or formula containers.

After Kyra's death, Nelson said he told Buckley she would have to choose a funeral home and sat in the room at the Burleigh County Detention Center as she called friends and family members. He said she showed no emotion.

The trial had been expected to begin Monday morning, but Buckley did not show up for the 9 a.m. jury selection. Haskell sent the jurors home, and Buckley appeared later. Haskell ordered her held without bond to ensure her attendance at the trial.

The trial is scheduled to last five days, though it appeared to be moving faster than planned on Tuesday. Prosecutors are expected to call medical personnel today.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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