In a shocking case from upstate New York, A. Bertino, a 36-year-old mother, is facing serious consequences for the death of M. Smith, her 12-year-old daughter. She was caught and charged with second-degree murder for failing to provide medical care.
The court proceedings on Thursday shed light on the carelessness that caused Smith’s death from diabetic ketoacidosis, a condition that could have been avoided if it had been treated properly.
Bertino’s daughter was discovered dead in their home. The cause of death wasn’t known at the time. Later, though, the coroner found that Smith had died of diabetic ketoacidosis, a very bad disease that can happen when diabetes isn’t treated.
The office of the medical examiner said the death was a murder because of poor medical care. The DA’s Office looked into Bertino’s case for several months before arresting him.
People who were at the preliminary hearing painted a troubling picture of Smith’s life while she was in Bertino’s care. One of the witnesses, bus driver Colleen, talked about how Smith’s condition got worse over time.
She noticed that Smith and her siblings often looked messy and were dressed wrong for the weather. They also had trouble keeping themselves clean. Colleen also told the school nurse about her worries because she was a mandated reporter and was required by law to report any signs of child abuse or neglect.
Smith often complained of being too thirsty and tired. Colleen remembered that Smith’s brother and sister told her two weeks before she died that she was “really sick” and “can’t get out of bed.” Smith only went to school “once or twice” during that time.
A. Bartell, who is the school’s Dean of Students, and J. Meyer, who lives next door to Bertino, both gave more upsetting accounts.
Bartell pointed out that Smith’s mother didn’t want to get her daughter medical help, not even to get a note from a doctor explaining why the girl couldn’t go to gym class.
Meyer’s testimony was especially scary because she talked about how her brother, who was upset and desperate, had tried to care for Smith himself on the day of the girl’s death. She said their mother refused to call 911 and told them the girl was just being dramatic.
The county’s chief medical examiner, Dr. M. Faulk, said that Smith’s diabetes symptoms would have been clear for weeks, if not months. He said that any qualified doctor should have quickly figured out what was wrong with her.
Reports say that Bertino made an appointment for Smith before she died, but J. Post, who worked at the hospital, said that the visit never happened.
According to Post, Bertino said Smith was throwing up but “didn’t show any signs that something was seriously wrong.” She also said Bertino was told to take Smith to the hospital if her symptoms got worse.
People in the community are very upset about the case, which has made people worry about child protection and oversight. Because of how tragic Smith’s death was, her siblings were temporarily taken away by the police. But plans to return them have been met with worry from the public and professionals.
The district attorney, J. Schmidt, was angry that Smith’s situation went unchecked even though many worried people told authorities about it. He stressed how serious the case was and how quickly the events that led to the girl’s untimely death needed to be looked into in detail.
Bertino is being charged with serious crimes and could spend a lot of time in prison if he is found guilty. The court will look into whether Bertino’s actions, or lack of actions, directly caused her daughter’s death.
More witnesses are expected to give their evidence at the next part of the preliminary hearing. People in the community and across the country are paying close attention as the court looks into the accusations against Bertino.
They want justice for Smith and steps to be taken to stop similar mistakes from happening again. Bertino’s case not only shows how bad it is when parents don’t care for their kids, but it also makes us think deeply about the systems that are supposed to protect these kids.
