Crime & Safety

12-year-old girl died as her mother overlooked her symptoms and refused to call 911 when she fell really sick and couldn’t get out of bed because she thought the girl was just being dramatic; mother charged

New York – In a shocking case from upstate New York, a 36-year-old mother, identified as A. Bertino, faces severe repercussions following the tragic death of her 12-year-old daughter, identified as M. Smith. She was arrested and charged with second-degree homicide due to medical neglect. The court proceedings on Thursday shed light on the neglect that led to Smith’s death from diabetic ketoacidosis—a preventable condition if treated properly.

Bertino’s daughter was found dead in their home. At the time, the cause of death was unknown. However, the coroner later determined that Smith died from diabetic ketoacidosis, a serious condition that occurs when diabetes is left untreated. The medical examiner’s office ruled the death a homicide due to medical neglect. After several months of investigation by the DA’s Office, Bertino was arrested.

During the preliminary hearing, witnesses depicted a troubling picture of Smith’s life under Bertino’s care. Colleen, a bus driver and one of the witnesses, emotionally recalled Smith’s deteriorating condition over time. She noted that Smith and her siblings often appeared unkempt and were usually dressed inappropriately for the weather, struggling with personal hygiene. Colleen also expressed her concerns as a mandated reporter, required by law to report any signs of child abuse or neglect, to the school nurse because Smith often complained of excessive thirst and fatigue. Two weeks before Smith’s death, Colleen recalled that the victim’s brother and sister told her that she was “really sick” and “can’t get out of bed.” During that period, Smith attended school “once or twice” at most.

A. Bartell, Dean of Students at the school, and J. Meyer, Bertino’s neighbor, provided further distressing testimonies. Bartell highlighted the mother’s resistance to seeking medical help for Smith, even for getting a note from a doctor about why the girl wasn’t able to participate in gym class. Meyer’s testimony was particularly harrowing, recounting how on the day of the girl’s death, her brother, distressed and desperate, had tried to care for Smith himself, claiming their mother refused to call 911 and dismissed the girl’s critical state, saying she was just being dramatic.

Dr. M. Faulk, the county’s chief medical examiner, emphasized that Smith’s diabetes symptoms would have been apparent for weeks, if not months. He argued that any competent medical professional should have diagnosed her condition promptly. According to reports, Bertino had scheduled an appointment for Smith before her death, but J. Post, an employee at the hospital, testified that the visit never happened. Post said that Bertino reported Smith was vomiting but “gave no indication that there was anything seriously wrong.” She added that Bertino had been instructed to take Smith to the hospital if her symptoms worsened.

The case has deeply affected the community, raising concerns about child protection and oversight. The tragic circumstances of Smith’s death prompted authorities to remove her siblings from the home temporarily. However, plans to return them have been met with public and professional apprehension.

DA J. Schmidt expressed frustration over the systemic failures that allowed Smith’s situation to go unchecked despite multiple reports from concerned individuals. He underscored the gravity of the case and the urgent need for a thorough review of the circumstances leading to the girl’s untimely death. Bertino faces serious charges that could result in significant prison time if convicted. The court will examine whether Bertino’s actions—or lack thereof—directly led to her daughter’s death.

The preliminary hearing is set to continue with more testimonies expected. The community and the nation watch closely as the court delves deeper into the allegations against Bertino, hoping for justice for Smith and measures to prevent such failures in the future. Bertino’s case not only highlights the dire consequences of parental neglect but also calls for a critical examination of the mechanisms in place to protect vulnerable children.

Marco Harmon

I was born and raised in Roanoke, VA. I studied Communications Studies at Roanoke College, and I’ve been part of the news industry ever since. Visiting my favorite downtown Roanoke bars and restaurants with my friends is how I spend most of my free time when I'm not at the desk.

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