Trial begins in 'blanket wrapping' case
(Dec. 2, 2014) FORT MYERS, Fla. - When emergency responders found 3-year-old Michael McMullen unconscious in his Fort Myers home, the toddler's hands and lips were blue, his body stiff, dressed only in a diaper. Most peculiarly, Michael's body was hot to the touch.
"You could actually feel the heat radiating off the child with your gloves on," Fort Myers Shores firefighter Justin Simmons testified Tuesday.
In the coming days, investigators would determine Michael spent three to four hours wrapped in a cocoon of heavy blankets tied at the end. Medical examiners would find Michael choked on a Skippy peanut butter sandwich, causing him to die of asphyxiation. And the entire time, detectives discovered, Michael's stepfather, grandmother and a family friend were in the house, capable of untying the suffocating child.
On Tuesday, about a year after Michael's death, prosecutors opened the aggravated manslaughter trial against his grandmother, Gale Watkins, who's accused of criminally neglecting Michael as he died.
Michael's stepfather, Douglas Garrigus, 22, and the family friend accused of wrapping Michael, Donella Trainor, 46, have already accepted plea agreements on aggravated manslaughter charges.
They received 10 years and 20 years in prison, respectively.
Watkins, 57, isn't accused of wrapping Michael, but prosecutors asked jurors during opening statements to convict Watkins of manslaughter by culpable negligence.
Under standard Florida jury instructions, culpable negligence has several definitions, including "a reckless disregard of human life" and "grossly careless disregard for the safety and welfare of the public."
Prosecutors said Watkins, who had been watching her four grandchildren after they'd been removed by court order from her daughter's custody, failed to protect Michael from Trainor. Instead, prosecutors said, Watkins wanted Michael to calm down so she could rest.
"She did nothing," Assistant State Attorney Stephanie Russell said. "She asked for her 20 minutes of quiet. She was just really hurting that day, so she went to sleep."
Calling Michael's death a "tragic accident," Watkins' lawyer, James Ermacora, didn't quibble with how Michael died. But responsibility for the toddler's death, Ermacora said, fell on Trainor.
"Mistakes were made," Ermacora said. "The issue, though, is whether a crime was committed."
Testimony and records show Michael and his three siblings, all under age 7 at the time, lived in an unstable family environment marked by allegations of domestic and substance abuse.
The children had been sent to live with Watkins after Garrigus was accused of severely beating their mother, Samantha McMullen.
According to Department of Children and Families records obtained by the Miami Herald, Watkins reported that Garrigus had abused her grandchildren and had issues with anger and alcohol. One son asked a child protective investigator to pick up his sibling so Garrigus "would not kill them," the DCF records showed.
The day of Michael's death, Samantha McMullen was at work while Watkins, Garrigus and Trainor watched her four children. Sometime around 2 p.m., as Michael became agitated, Trainor took the 3-year-old into a bedroom and wrapped him in blankets, according to testimony and investigative records. Watkins wasn't there as Michael was wrapped, but she checked on him at least once as he pleaded to be released, investigators said.
Following Michael's death, Samantha McMullen told investigators she'd heard of Trainor wrapping her children in blankets as a form of punishment "four, five, or six times." Samantha McMullen said neither she nor her mother ever wrapped and tied blankets around the children, calling it "cruel."
"Covering (Michael) in a blanket wasn't such a big thing, but tying it at the ends, I'm not sure where that came into play," Samantha McMullen testified Tuesday. "We all just felt it was unsafe."
Watkins, Garrigus and Trainor initially gave conflicting statements about how Michael died. It wasn?t until a few days later, before a polygraph test, that Watkins confessed to her daughter.
"I was heartbroken for myself, for my son," Samantha McMullen testified. "I had just lost my son due to stupidity."
Watkins' trial is expected to last through Thursday. If convicted, she faces up to 30 years in prison.