On Saturday, September 14, 2024, WAFB reported that a defense attorney in a toddler overdose case is seeking the recusal of Louisiana Judge Louise Hines from the ongoing trial. The case centers around the death of two-year-old Mitchell Robinson, who overdosed on fentanyl in June 2022. His mother, Whitney Ard, faces a second-degree murder charge following the toddler’s tragic death.
The motion for recusal was filed by defense attorney Sandra Page, who argues that Judge Hines has demonstrated bias favoring the prosecution throughout the proceedings. The defense claims that the judge’s previous comments about making an example of Ard raise concerns over the fairness of the trial. According to Page, Judge Hines made these remarks in 2022 while she was still serving as a prosecutor with the East Baton Rouge Parish District Attorney’s Office.
The trial, which began earlier this month, was scheduled to continue in the 19th Judicial District Court. If convicted, Ard could face a life sentence, as the grand jury elevated the charges from negligent homicide to second-degree murder. Page noted her concerns about Judge Hines’ “overly enthusiastic interest” in the case, which she believes undermines Ard’s right to a fair trial.
A court transcript included with the motion for recusal reveals a contentious exchange between Judge Hines and Page during a prior hearing. The judge accused Page of being argumentative and even threatened to hold her in contempt if her conduct continued. Page countered that her actions were simply part of her advocacy for her client.
Despite the defense’s request, the court denied the motion for recusal on the same day it was filed. The circumstances surrounding Robinson’s death are deeply troubling. According to reports, the toddler was found unresponsive in bed at his home after allegedly accessing deadly fentanyl. Ard reportedly told law enforcement that Robinson had woken up during the night asking for food. She claimed she placed a bowl of cereal on the floor for him.
A coroner’s report later determined that acute fentanyl toxicity was the cause of death, with at least 14 mL of fentanyl detected in the child’s blood. This incident was not an isolated case; reports indicate that Robinson had previously overdosed on two occasions prior to his death. Investigations revealed systemic failures within the child welfare system that contributed to the tragic outcome.
In April 2022, Robinson was hospitalized after exhibiting signs of drug exposure. Medical staff successfully revived him using Narcan, a medication used to treat opioid overdoses. He was brought back to the hospital again on June 4, 2022, for the same reason. Following these incidents, one of the treating doctors reported the situation to the Department of Children and Family Services (DCFS), but the agency did not pursue further action without additional evidence.
The DCFS later acknowledged that a caseworker was assigned to investigate Robinson’s situation, but the case was stalled when the worker took sick leave, and no efforts were made to transfer the case to another employee. Tragically, Robinson died just weeks later, on June 26, 2022, before any further investigation could be initiated.
A report from State Inspector General Stephen Street criticized the DCFS for its mishandling of the case. It highlighted that caseworkers were overwhelmed with their caseloads, which likely contributed to the lack of response in Robinson’s situation. Furthermore, the report pointed out that DCFS personnel were inadequately trained to recognize the significance of Narcan use, which should have prompted further investigation into potential drug exposure.
Following these revelations, the DCFS announced plans to reform its case prioritization and monitoring practices. In September 2023, state lawmakers established a new position dedicated to overseeing child welfare cases across Louisiana. Kathleen Stewart Richey, a former juvenile court judge, was appointed as the state’s first “children’s ombudsman,” tasked with monitoring agencies like DCFS and the Office of Juvenile Justice.
Source: WAFB
