Overdose
Murder Charge Dropped Against Mom
WINCHESTER, Tenn. (Nov. 12, 2004) - Saying the autopsy report was
wrong, a prosecutor Friday dismissed a murder charge against a mother
accused of killing her severely disabled daughter with an overdose of
medication.
District Attorney Mike Taylor told a judge
that new tests showed 15-year-old Ashley Mignano, who had cerebral
palsy, did not die July 4 from a fatal dose of phenobarbital. The
teenager's mother, Margaret Mignano, had been arrested in August and
spent a week in jail before she was freed on bond.
The autopsy report was signed by Dr. Charles Harlan of Nashville, a
forensic pathologist who is defending his medical license against state
charges of misdiagnosing causes of death in other cases and destroying
evidence in criminal investigations.
Mignano's attorney, Bob Peters, said he
and Taylor were in court for an unrelated case when the prosecutor
surprised him by telling a judge that "follow-up testing did not
indicate a lethal dose" of the drug, used to control the girl's
seizures.
The prosecutor did not immediately return
a call seeking comment, but a court clerk confirmed that Taylor said
the murder charge was dropped.
Harlan's report included outside lab tests
showing the teen had lethal levels of the barbiturate in her system.
The defense argued that Mignano, who moved her family from New Jersey
about a week before the death, followed doctors' orders in using the
drug.
Harlan, who continues to practice while
fighting the state charges, declined to comment Friday about the
Mignano case.