PULASKI COUNTY (WSLS 10) - UPDATE: Ashley White is found guilty on all three charges of felony child abuse and neglect in the death of her 5-year-old son, Noah Thomas. Noah was found dead on March 26, 2015 in a septic tank near the family's home after an extensive five day search.
Judge Bradley Finch said when White went to sleep the morning Noah went missing and left him and his sister unattended, she should have known they would be in danger while she slept due to the "deplorable" conditions in the trailer.
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"I believe Ashley White received a fair trial and that justice was served," said Pulaski County Commonwealth's Attorney Mike Fleenor during a brief statement to media after the verdict. "Something caused Noah to fall into the septic tank. There is no evidence that Ashley White deliberately killed Noah, but her lack of supervision certainly caused his death."
When asked about parents who may be concerned that they fall asleep while their kids are in the home and therefore charged with the crime, Fleenor said, "The home was so atrocious and the septic tank was such an obvious danger, that she had to be held accountable. It wasn't just that she laid down to take a nap."
White is scheduled to be sentenced on May 16.
Noah's dad, Paul Thomas, is scheduled to go on trial March 9.
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Pulaski County Circuit Court Judge Bradley Finch has denied the defense's request to drop all three felony child abuse and neglect charges against Ashley White.
The defense made the request Friday morning after the Commonwealth rested its case. The defense argued the prosecution did not provide enough evidence to convict White; only proving White fell asleep while she was home with 5-year-old Noah and his younger sister, Abigail.
Since the judge denied defense attorney Kelsey Bulger's request, the defense moved forward and presented its case. Several witnesses were called to the stand, including Ashley White.
White said a month or two before Noah was found in the septic tank, she yelled at him not to stand on the plastic septic tank lid because she was afraid it would crack. She said she never went over to inspect the lid herself, so she didn't know how easily it could be removed.
When asked about why she left Noah and Abigail at home by themselves while she drove their father, Paul Thomas, to work; she said they were both asleep on the couch and Abigail wasn't feeling well, so she decided to let them sleep.
White also talked about her history with drugs. She admitted she had a drug problem and said she was on a drug used to wean a person off of opiates. She also said she voluntarily put herself into treatment and counseling, and had been seeing a psychiatrist.
The defense also called a representative from the health department who talked about regulations for the septic tank, which was the landlord's responsibility. He said a childproof lid is required for the type of septic tank that was in White and Thomas' yard. The representative referred to a statement from an officer who said he kicked off the lid to the tank on the day Noah was found, saying if a person could kick off the lid it wasn't childproof. He also said the landlord hadn't notified the department about needed repairs or maintenance issues.
The defense has repeatedly argued that White's landlord is responsible for improper maintenance of the septic tank and therefore White cannot be held responsible for its lack of maintenance.
After a brief recess, closing arguments began.
The prosecution has said it expects a verdict to be reached later today.