Mother testifies in manslaughter trial for babysitter: “He said, ‘I’m sorry, your daughter didn’t make it”
HONOLULU (KHON2) — On the second day in the manslaughter trial of Dixie Denise Villa, the mother of the infant Villa is accused of killing with a fatal dose of Benadryl while under her care gave an emotional testimony.
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"I saw a lot of police cars and EMS. A firetruck, I think,' said Anna Lobisch, describing the scene when she arrived at her babysitter's home the morning of February 24, 2019.
She said she approached an EMT first.
"I asked him what happened and said my kids are inside. I asked him if I could get my kids," said Lobisch who spoke through tears. "He said, 'who are your kids?' I told him I have a 7-month-old in there and a 2-year-old and his face went white. He said, 'I'm sorry, your daughter didn't make it. We did everything we could but she was too far gone."
Lobisch testified her infant daughter, Abigail, was a healthy baby with no allergies that would require medication when she left her in Villa's care overnight. She asked for a break several times throughout her testimony to compose herself.
But the defense attempted to poke holes in her testimony, pointing out that Lobisch had admitted to taking Tylenol PM while she was breast feeding and shared her fears with a friend.
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"You expressed your concern that they could test the breast milk that you donated and that they'll try to use it against you, correct?" questioned Villa's attorney Megan Kau under cross examination. "Yes," said Lobisch. "Kalei even encourages you and says, 'make sure the DA, meaning the District Attorney, is sticking with the story,' correct?" Kau asks. "Yes," answered Lobisch.
Also on the stand today, Honolulu Police Detective Ryan Kaio who described the recreated scene of how Villa said she and the four children she was watching that night were sleeping on the bed in the master bedroom.
Under cross examination, Det. Kaio was asked why they didn't test the supply of Anna Lobisch's breast milk stored in her freezer.
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"You never asked Anna Lobisch for any breast milk to test, correct?" questioned Kau. "Correct," said Kaio. "Did you even ask what medications she was taking?" Kau asked. "No," said Kaio.
Forensic pathologist with the Medical Examiner's office, Jon Gates, was asked to describe the toxic levels of diphenhydramine found in the baby's blood.
But the defense attempted to show that the ME is not able to determine when or how it could be given to Abigail.
"You cannot tell us who gave the dose, correct?" asked Kau. "Yes," said Gates. "You can't say whether it was a pill, liquid or topical, correct?" said Kau. "Correct," said Gates.
"What if there were more doses given? Could you say the same thing?" asked Kau under cross examination.
"I cannot say this was the only time her life she was given diphenhydramine," said Gates.
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Villa is accused of giving the 7-month-old a lethal dose of Benadryl in order to make the child sleep. She is charged with manslaughter. If a jury finds her guilty, she faces up to 20-years in prison. The trial continues on Tuesday.