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HONOLULU (HawaiiNewsNow) – Jury deliberations have begun in the manslaughter trial of former babysitter Dixie Villa.
Villa is accused of giving 7-month-old Abigail Lobisch a fatal dose of Benadryl in 2019, subsequently causing her death.
After a week-long trial, both sides presented closing arguments in court Wednesday.
Defense attorney Megan Kau reiterated that there is not enough evidence to clearly detail and prove exactly what happened, and there is no evidence to prove who gave the child the fatal dose.
“Denise (Dixie) is not guilty, because after all of these days of trial, after all of these witnesses, still no one has told us what happened. Not one person has explained to us how Abigail Lobisch died,” Kau said.
Prosecutors argued that testimony from witnesses and medical experts make it clear who is to blame.
“You’re not without evidence to support that reason and common sense that you have. Everyone said in jury selection that they would want evidence in addition to just what people said, and you have evidence. You have it in the form of testimony from the first responders, from the civilian witnesses, Brianna and Anna, from the experts, the state’s doctors. You have the exhibits,” Deputy Prosecuting Attorney Tiffany Kaeo said.
Kau argued there are outstanding questions over who had access to the baby when the incident happened, including teenagers who were in Villa’s home.
“The government must convince you beyond a reasonable doubt,” Kau said to the jury. “Not, ‘Oh it must’ve happened this way.’ Not, ‘I think it could’ve happened this way.’ Not, ‘It probably happened this way.’ The government needs to prove it beyond a reasonable doubt. Your decision must be based on the evidence, or the lack of evidence. It cannot be based on the prosecutor’s closing statement, ‘It must have happened this way. She must have given it.’”
Prosecutors said the defense was trying to shift the blame.
“The defense would have you believe that there is blame to go around. Blame Abby’s mom who may have taken a drug she was allergic to. Blame the detective for not collecting evidence five months after Abby died. Blame the medical examiner for concluding that Abby’s death was from toxicity and nothing else. Shift blame on everyone else, but ignore the defendants actions and choices,” Kaeo said.
During the trial, Villa did not take the stand.
Deliberations are set to continue Thursday.
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