HONOLULU, Hawaii (Court TV) — A Hawaii jury has convicted a babysitter in the death of a 7-month-old girl.
Dixie Denise Villa was found guilty of manslaughter for the overdose death of Abigail Lobisch. According to court documents, an autopsy revealed Lobisch had a fatal amount of diphenhydramine, commonly sold as Benadryl, in her system.
The jury deliberated for more than seven hours over three days before reaching its verdict. Villa’s sentencing is scheduled for Feb. 26.
Dixie Denise Villa sits in court Wednesday, Nov. 6, 2024. (Court TV)
The child was under Villa’s care overnight when she died on Feb. 24, 2019. Villa was allegedly operating an unlicensed daycare at her home at Aliamanu Military Reservation.
Lobisch’s bloodstream had a level of 2,400 nanograms per milliliter, which is nearly double the amount that has been proven fatal in infants, according to Stars and Stripes.
Outside of the criminal case, Lobisch’s parents filed a lawsuit naming 10 defendants, including the United States. The lawsuit claims the defendants’ negligence led to Lobisch’s death, and that military police had shut the day care down multiple times before the child died, mostly based on calls placed by neighbors.
The girl’s mother, Anna Lobisch, told Military Times she wasn’t made aware of prior allegations against Villa until the day her daughter died.
TRIAL HIGHLIGHTS
- The jury reached its verdict after seven hours and thirty-nine minutes of deliberations over three days.
- WATCH: Verdict Reached in Baby Medicine Manslaughter Trial
- After the verdict, Villa’s defense asked for a mistrial based on claims that Anna Lobisch lied on the witness stand and because the defense received information about Lobisch’s mental health that called her credibility into question.
- Prosecutors responded by saying all discovery concerning Anna was turned over to the defense.
- The judge told the defense to file a motion.
- Closing arguments were heard on Wednesday, Nov. 13.
- The prosecution said Dixie Denise Villa gave 7-month-old Abigail Lobisch a fatal dose of diphenhydramine to rest ‘after a long day.’
- WATCH: Prosecution: Abby’s Death is Dixie Denise Villa’s ‘Price to Bear’
- In her closing argument, defense attorney Megan Kau said Dixie Denise Villa is not guilty of Abigail Lobisch’s death because ‘there is reasonable doubt.’
- WATCH: Dixie Denise Villa’s Defense Says There’s ‘Reasonable Doubt’
- On Nov. 12, 2024, the defense’s only witness, Okorie Okorocha, an expert in forensic toxicology, testified that the State’s evidence on cause of death being diphenhydramine toxicity is flawed because the brain was not tested for the presence of diphenhydramine, which he claims would more accurately predict the level of the drug in the victim’s body. The trial attorney claims that a peripheral blood sample (legs) would be the preferred sample. He suggested the mere presence of diphenhydramine does not offer any conclusions on whether it was coincidental or causal, and the government did not examine the brain or take a blood sample from the brain.
- In rebuttal, the State recalled Dr. Gates, who testified that he examined the brain and consulted the toxicology lab for guidance on what additional samples for testing should be sent, the lab recommended a urine sample, which he eventually sent.
- Dr. Paul Eakin testified that diphenhydramine isn’t typically used for a child under the age of 2.
- Anna Lobisch, baby Abigail’s mother, testified on Nov. 7, 2024.
- The jury heard opening statements on Nov. 6, 2024.
