The Death of Andrew Burd, a 4-year-old foster child; by Cajun spices has engaged a whole community and proving to be the most commented on article ever in the Corpus Christi Caller Times. There are over 350 comments both in support and adversarial. I thought it might interest some of the members in this forum but foremost I submit it to this forum for an objective analysis.
In her testimony, Overton admitted she gave Andrew a mixture of Cajun spices and water on Oct. 2, 2006, but said it was not meant to harm or punish him.
Handcuffed and shackled, Hannah Overton was led into the courtroom Wednesday to hear her sentence from the judge — life without parole.
It was the only option for her capital murder conviction because the prosecution already had agreed not to seek the death penalty.
Overton, who was convicted Friday by a jury in the death of 4-year-old foster child Andrew Burd, stood in front of 214th District Judge Jose Longoria’s bench to hear his decision. When Longoria asked if she had anything to say, the 30-year-old mother of five responded but spoke so softly her words were not audible to the audience.
Overton’s attorney John Gilmore said the case would be appealed.
"There was no evidence that she intended to kill (him)," Gilmore said. "It was a difficult case for the jury and I’m sure they did their best but I disagree with their verdict."
After her sentencing, the courtroom stayed mostly silent except for the sounds of sniffles and crying from Overton’s family and friends.
Before she was taken away, Longoria allowed Overton to use an empty jury room to spend time with her husband, Larry, and other members of her family. Larry Overton, 31, who also is charged with capital murder in the boy’s death, will face trial on Sept. 24.
In her testimony, Overton admitted she gave Andrew a mixture of Cajun spices and water on Oct. 2, 2006, but said it was not meant to harm or punish him.
The prosecution has said the couple, who were in the process of adopting Andrew, waited more than 1 1/2 hours after he became unresponsive before taking him to a clinic. He died the next day.
Prosecutor Sandra Eastwood said the jury made the right decision.
"I was very grateful for the jury listening so closely to the evidence," Eastwood said. "It was a very heartbreaking case."
Overton’s brother, Nathan Saenz, declined to comment after the sentencing.
During the trial, several witnesses for the defense said the boy had an insatiable appetite and often ate from the trash and floor. Overton’s attorneys also argued he may have eaten something on his own to cause the toxic sodium levels in his system that caused his death.
Instructions to the jury pointed out that Overton could be found guilty either by intentionally or knowingly causing his death or by failing to seek medical care.
All 12 jurors said they found her guilty because of her failure to act.
Calvary Chapel Coastlands Pastor Rod Carver, who took in the Overtons after they were freed on bond last year, said the trial’s outcome was unjust. He released a typed statement after Overton was sentenced.
The statement read in part, "What is she guilty of? Not discerning the signs of salt intoxication from the signs of a common flu? Now five children are without a mother."
Contact Mary Ann Cavazos at 886-3623 or cavazosm@caller.com
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