By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – An appeals court says its enough that a 25-year-old Centralia woman used a kitchen knife to end the life of her severely premature infant after she gave birth, and the fact it did or didn’t have drugs in its system won’t change her 30-year-sentence.
[1]Laura Lynn Hickey
Laura Lynn Hickey pleaded guilty to second-degree murder almost three years ago, in Lewis County Superior Court and was sent off to prison. She’s back in the Lewis County Jail for an expected hearing on an issue that stems from the October decision from the Washington State Court of Appeals.
It was an early March morning in 2011; neighbors had phoned 911 after hearing calls for help coming from Hickey’s home at the Peppertree Motor Inn and RV Park on Alder Street. She was taken to the hospital where at first she said she’d had a miscarriage, and then police found the decapitated newborn in a Tupperware container under the kitchen sink of her fifth-wheel trailer.
At sentencing, Hickey’ lawyer asked the judge to give his client about 12 years in prison, for what she viewed as a mercy killing when her approximately 21-weeks-along fetus was unexpectedly delivered into a toilet. Lewis County Prosecutor Jonathan Meyer recommended 80 years, saying it was a crime so heinous, she should lose the ability to “walk among us.”
Attorneys disagreed if the infant boy was far enough along he could have survived outside the womb.
Because Hickey not only admitted guilt, but stipulated to an aggravating factor the victim was particularly vulnerable, the judge could have imposed a sentence all the way up to life in prison. The standard sentencing range for the crime was between about 12 years to 20 years.
At the time, the woman apologized, cried and told the judge said she would accept whatever sentence he gave her. But her appeal attorney appealed the exceptional sentence.
Her lawyer contended the trial court violated Hickey’s Sixth Amendment rights as articulated in Blakely v. Washington, by making findings the victim was particularly vulnerable not only because of age, but because of drug intoxication
The three-member panel concluded in its Oct. 10 decision [2] that Judge Nelson Hunt’s finding was incorrect, and sent the case back to Lewis County so the reference to methamphetamine intoxication could be struck from the findings.
The appeals court however, affirmed the exceptional sentence of 30 years.
One of the reports submitted to Lewis County Superior Court, from a psychologist, noted both Hickey and the victim had significant amounts of methamphetamine in their blood stream at the time of the offense. Another, from the autopsy stated the infant suffered from acute methamphetamine intoxication.
Neither Hickey’s appeals attorney or the appeals court suggest the information is untrue, only that it should not have been considered at sentencing.
Prosecutor Meyer indicates Hickey is scheduled to go before a judge at 2:15 p.m. on Thursday, although the actual hearing may take place at a later day.
•••
For background, read:
• “Centralia woman gets 30 years for decapitating premature infant” from Wednesday February 22, 2012, here [3]
• “Laura Hickey pleads guilty to killing her premature infant” from Tuesday February 7, 2012, here [4]