Murder charges expected next week against couple accused in baby's death

By: KELLY WHEELER - North County Times wire services | Friday, April 6, 2007 8:04 PM PDT ∞

SAN DIEGO - Murder charges are expected to be filed next week against a Washington state couple accused of giving their 6-month-old son a fatal combination of over-the counter medications, a prosecutor said today.

Thomas Boettger Sr. and his wife Lorrie, both 38, are scheduled to be arraigned on an amended complaint on Tuesday, a date originally set for a preliminary hearing, said Deputy District Attorney Matthew Greco.

Each defendant is currently charged with felony child abuse likely to cause great bodily injury in the death last Oct. 25 of Thomas Boettger Jr., who died during a family trip to San Diego.

Bail for each defendant is set at $1 million.

A medical examiner listed the cause of death as acute doxylamine (Unisom) and diphendydramine (Sominex or Benadryl) intoxication. The manner of death was listed as homicide.

Attorneys for the defendants have said their clients loved the child and only gave him the over-the-counter medications to ease his suffering from colic, a cold and lack of sleep.

They argued their clients should be facing nothing more than involuntary manslaughter charges because they didn't intend to harm the child.

Greco said earlier that the Boettgers had been giving the infant over- the-counter adult drugs "over a period of time."

According to a declaration in support of the arrest warrant, the parents --who live in Shelton, Wash., a small town about 20 miles northwest of Olympia -- told investigators the baby was colicky and they diagnosed him with "acid reflux."

The father said that because his young son had colic and had a difficult time calming down, he gave him an over-the-counter adult sleeping medication, Sominex, and Mylanta for the acid reflux, the declaration states.

According to the document, the father told a medical investigator that his son woke up about 5 a.m. last Oct. 25, crying heavily, and he gave the baby a dose of Zantac and a half-tablet of Sominex.

He later gave another account, in which he said he gave his son crushed half-pills of Unisom, Zantac and Benadryl via syringes and bottles, said Medical Investigator James Ramirez.

The baby had some bruising on his right arm, but there were no other signs of injury, the declaration stated.

When contacted last month, Lorrie Boettger told San Diego police Officer Timothy Williams that she and her husband took turns administering medications to their son on the day he died.

The defendant said she looked up the medications on the Internet to learn how to dispense the drugs.

Defense attorney Merle Schneidewind said last week that his client -- a construction worker and volunteer emergency medical technician -- "is in tears constantly."

Schneidewind's client and his wife were giving their son medications they thought would help, the lawyer said.

Lorrie Boettger's 10-year-old daughter from a previous marriage is staying with her father, Schneidewind said.

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