LUDLOW, Ky. — The Kentucky Supreme Court upheld a murder conviction against Ludlow resident Lauren Baker, whose 2-year-old, Jaxon Vogt, overdosed and died after he located Baker’s fentanyl stash while Baker slept on March 18, 2021.
A jury found Baker guilty of murder in April 2023. She was later sentenced to 33 years in jail, but she appealed the ruling the following July, according to court documents. The Supreme Court released its opinion on the case last week, and the case arguably sets a precedent in that it effectively ruled that a jury can reasonably charge someone with murder by exposing a child to fentanyl.
Baker had struggled with addiction for much of her adult life, according to court documents. Five days before the fateful day, Baker traveled to Cincinnati to buy fentanyl from a dealer with money she got from a $1,200 COVID stimulus check. On March 18, 2021, Vogt and Baker took a nap in the downstairs bedroom of the house she shared with Edwin Suda, who had left earlier in the day to work. Baker had dosed herself with fentanyl earlier in the day, as well, but didn’t immediately fall asleep.
Around 3:30 p.m., Baker woke up to find Vogt “sprawled across her lap, unresponsive,” according to court documents. “Baker noticed that her purse, her fentanyl and other paraphernalia were strewn across her bed.” Apparently, the documents go on to state that the child had found her fentanyl, which she usually stored “inside a plastic bag, placed inside a cigarette, then placed inside a pouch, which was ultimately placed inside a purse that zipped shut. Baker would then tie the purse around the headboard of her bed and place it between the wall and the bed.” Vogt had gotten into the purse and eaten some of the fentanyl while Baker was asleep.
Suda had since returned home. He called 911 and administered Narcan to Vogt while Baker began performing CPR. Vogt was later transported to Cincinnati Children’s Hospital, where he was declared dead.
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Toxicology reports on Vogt showed his “fentanyl concentration was 21.4 nanograms per milliliter. A fentanyl concentration three nanograms per milliliter becomes deadly in an adult who has not built up a tolerance to fentanyl,” according to court documents. The lab also reported that his body had not metabolized any of the fentanyl, meaning he likely died shortly after ingesting it.
Much of Baker’s appeal focused on whether or not it was reasonable for a jury of her peers to find “her guilty of wanton murder because the evidence presented by the Commonwealth did not support the finding that her wanton actions manifested an extreme indifference to human life,” the court’s opinion text states. “Baker claims that the evidence only sustained a finding of wantonness, which alone is not enough to support a wanton murder conviction.”
Baker argued that trial prosecutors made an error when they “told the jury in [closing arguments] to disregard the help of Baker administered to Jaxon, her love for Jaxon and her guilt over his death when coming to its decision.” Baker argued that the trial court had made other procedural and evidentiary errors, too, such that they, when taken together, tainted the integrity of the trial.
While the Supreme Court admitted that the trial court did make errors in some of its decisions, they ruled that such errors were “harmless.”
The court opinion shows that the jury was instructed on a lesser charge of second-degree manslaughter, meaning that they could have chosen not to convict her of murder. In spite of this, the jury “given the evidence, chose to impose the wanton murder conviction.”
In an email to WCPO's news partner, LINK nky, Kenton County Commonwealth’s Attorney explained that although the Supreme Court’s decision doesn’t necessarily mean the court agreed that someone was guilty of murder simply for exposing a child to fentanyl, it did mean that a jury could reasonably find someone guilty of murder for doing so on its own.
Sanders added that he was not aware of any previous case in Kentucky where someone had been charged with murder for exposing a child to drugs, fentanyl or otherwise.
“I’m very proud of this office for setting new precedents, especially when it comes to protecting the children of Kenton County,” Sanders said.
“I hope the trailblazing work we’re doing here in Kenton County to protect kids inspires prosecutors across Kentucky and beyond to get more aggressive in the prosecution of parents who kill their children by failing to protect children from the parents’ dangerous behaviors,” Sanders’ email concludes.
LINK nky has reached out to Baker’s appellant attorney for comment.
This story originally appeared on our partner's website LINK nky.
