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Charges Dropped Against Flomaton Woman Accused Of Leaving 5-Month Old Alone In Hot Car
August 12, 2011
Charges have been dropped by the State Attorney’s Office against a Flomaton woman arrested July 21 after her 5-month old baby was reportedly left unattended about 20 minutes in a hot car in Pensacola.
Jessica Burnham, age 20 of Vanhoosen Road, was released from jail Thursday after appearing before Judge Michale Allen to learn that should would not be prosecuted. She had been charged with child neglect without great harm — a third-degree felony punishable by up to five years in prison and/or up to a $5,000 fine.
According to a July 21 Pensacola Police Department report, Officer Jud Fillingim said Burnham went to LabCorp on North Ninth Avenue to have some blood work done. Initially, she took the baby inside, but returned to the car with the baby after being told it could not go into the blood drawing area.
Burnham told LabCorp employees she had someone in the car and would take the baby to them while her blood was drawn. A witness told police she saw Burnham place the baby in a car seat, enter the vehicle and drive it to a partially shaded area of the parking lot.
Fillingim said Burnham told officers she turned on the air conditioning while she went back inside LabCorp. The female witness said approximately 20 minutes passed, no one was with the baby in the vehicle, and she was worried about the baby’s safety so she notified a LabCorp employee.
The employee and witness went to the car, found the doors unlocked, the windows up and the car’s air conditioner blowing hot air.
Fillingim said the women took the baby, who was sweating profusely and hot to the touch, inside and called for an ambulance. The female baby was taken to a local hospital for observation.
Comments
62 Responses to “Charges Dropped Against Flomaton Woman Accused Of Leaving 5-Month Old Alone In Hot Car”
regarding bratt
There are no reasoning with a person who only sees white and black. The world is a shade of grey. Outside of rape and murder, yes you should get another chance. This was a bad desicion on her part yes, but she did realize her mistake and told someone. If SHE, HERSELF, had not told someone, she might not have gotten caught. I am glad we have judges who know when to throw the book at someone that needs it and when to show compassions for human error.
Regarding bratt -
1) Learn how to speak, and maybe even spell, before commenting towards me again. It ails me to read your slop.
2) It wasn’t a mistake, it was a seriously bad choice that she knew was wrong when she made it. On second thought, maybe the woman can’t decipher the difference between right and wrong – in which case her parenting skills should have been questioned long ago.
To good fer tha judge…..I agree 100% totally rite
I have been before Judge Allen on many cases as a worker, in Santa Rosa County and Escambia County. He is a very fair and reasonable man and judge. He understands that every situation is not a “beaver cleaver life” and adjusts accordingly. So before you go throwing stones, imagine if you were in front of a judge, would you want no mercy or compassion? or someone who would see if you were genuinely sorry for a mistake and had learned from it…I have seen him give people the benefit, but if they came back, watch out. This young mom may have made a mistake, but I back up Judge Allen because I am certain he saw something that he believes could be fixed or he would not have helped her. Thanks, Judge, from an ex DCF worker.
I wonder if anyone ever thought to step up and ask “may I help you”?
David huie I love ur comeback
regarding that HIPPA issue thats being discussed- it may surprise you to know some of the potential violations that could be construed just from casual conversation by a health care employee about a client/patient…..or, leaving sensitive patient information in plain view of passerbys and not protecting their personal information….any dealings or related facts about a patient/clients interaction w/a facility should be kept strictly confidential, unless it is being discussed w/someone who has a legitimate “NEED TO KNOW” status…we, in the health care field, recieve frequent mandatory training on HIPPA laws….its not worth taking a chance on getting fired or sued…best to keep mum.
REGARDING:
“How do you not understand that?!”
First, you must remember that I’m slow.
Second, you might remember I asked for citation of the exact part of HIPAA (HIPPA to you) which forbids it.
I forget what comes after second, so I’ll stop there.
David for reason
Could some of you arguing about HIPPA, please explain to me what this is. I know a little about HIPAA, the Health Insurance Portability and Accountability Act of 1996, that insures a patients privacy, but I don’t know what HIPPA is.
I don’t see what she did wrong. She left the door unlocked and had some sort of air blowing on the child. My mother use to do it with me all the time.
Anon u thank bout all tha mistakes u’ve made n life……if this young lady shouldn’t geta second chance then y tha heck did u geta second chance? U people act like yall ain’t never made mistakes b4……WAKE UP!! We all made them IT’S CALLED BEING HUMAN!!
The majority of you people are so ignorant. Shows what the world’s coming to when you condone leaving a BABY unattended in an unlocked, HOT car. Second chance? Undeserving.
To David Huie Green….Do you even know what HIPPA stands for?! Let me try to explain this as simple as possible… If her mother told her that the client, and yes, she had to tell her “which” client, or how else would she know that it was the woman charged, made an appointment online, that is a violation of privacy laws. How do you not understand that?!
She is a pretty girl. She looks like she could sure use a drive in the country.
Rite on Dixie chick
So the State Attorney dropped the case and the Judge let her go. What about the HRS? Will they show up and take the child now, and will we hear about it in the news if they do?
Flomaton Mom
I really don’t think God is going to punish her for this! I think He has a little more compassion than the people crucifying her over this. Yall need to think about what if this was your family member who was in this situation. Would you want them to go to jail or be compassionate like this judge and give them a second chance. He might have told her to be careful or she might not get a 3rd chance.
@unknown, I don’t care if the website said “come alone” or “don’t bring your kids” or whatever it says booking an appointment. That is a Labcorp rule, not a LAW. And rules are made to be altered if need be.
It would be like me putting a notice up in my front yard “If you enter my yard you must cut my 5 acres of grass” and the only way to get where you’re going is to go through my yard.
Would you feel like cutting my grass? all 5 acres with a push mower? Oh and by the way, you can’t have your kid cut my grass, they must remain off my property, strictly for safety of course and no they can’t come into my air conditioned home and sit with me while you do it, because I hate everyone’s kids but mine…
Unless you have to use Lab Corp. may I suggest using QUEST for your lab work. I have to have blood work done regularly and the staff at the QUEST location on Bayou Blvd. are super. I was using Lab Corp. and ran into the same problem that several people have said they have had. No one should play the “WHAT IF GAME” if they were not there and know the whole story. How many of you have had a neighbor who needed help and said “some body needs to do something to help them” and then turned their backs on the person needing the help?
@David Huie, wow, just wow. SPOT ON! Taking words out of my mouth before I could finish reading, honestly. As for the rest of yall, a hypothetical (sic) question.
We all can agree that if some one kills a child, not accidental but brutally purposefully attacks a child, that person would be the worlds most hated person. And rightly so. But what if that child grew up to be Hitler, or Osama, or any other evil tyrant at an older age? The question becomes more cloudy. I realize this is nonsence but the thing that makes this thought so unreasonable is those 2 little words “what if”. Well as far as I can see “what if” didn’t. How can you live with yourself if you take a child away from their mother who is trying to do the best she could all because of a “what if”? I’ve been to LabCorp, yes they are…well I’ll say less than welcoming, but thats beside the point and in the past, get over it. And I have NO IDEA who this girl is she could very well be the piece of trash yall act like she is, Idont know her maybe you do. However based on this article and the one before it, I see a young woman who made a mistake and a bunch of people who either have zero compassion for a person in need, or are suprized by a judge dropping charges on her,IN THE STATE THAT COULD NOT CONVICT CASEY ANTHONY!?! I am completely ASHAMED to but not but the judge, but the comments by such simple minded heartless people.
REGARDING:
“Thanks Judge Michale Allen, we can now look forward to finding babies left in cars by themselves in sweltering heat”
I’m just guessing (since my crystal ball’s on the fritz again), but I doubt most mothers will intentionally endanger their children even if allowed to do so.
We’ve all done things we regret in hindsight. It’s reasonable to think the older kid thought the younger kid would be okay, that the a/c was okay, that she wouldn’t be long, that the shade was good enough.
If she does it again, we’ll know I was wrong. If mothers all around the country start leaving their children in heated cars, we’ll know YOU were right.
David for perfect parents
REGARDING:
” I hear there’s an article about it being o.k. to marry your first cousin, so check that out…”
Now you’ve hurt my sensitive feelings, as well as those of my cousins. Telling them it was illegal was the only way I could keep them from fighting over me — hunk that I am.
When and if you finish with your hurtful insults, please point out the part of the law which says that is confidential information to state that a client made an appointment online. It shouldn’t be hard if it’s true. I assume you’re telling the truth, just like to verify.
And we must not forget HIPAA is the most important thing, In fact, it MIGHT be illegal to notify police that a child is alone in a hot car if it’s associated with a patient. We MUST keep our priorities straight.
David still sniffling,
wishing both kids the best
I think that the mortification of having so many people criticize, make fun of, speak hatefully, and generally try to shame her in the comments here and elsewhere would be punishment enough for a great many people. Hopefully it will be for her. I doubt she will make this mistake again.
I have been to LabCorp several times for random drug test on the job. I try to be nice and polite to everyone but when a person starts getting rude toward me I politely stop them and tell them “look, I’ve had a lot of experience with rude people, and I can get just as rude as you plus a little more, how are we going to handle this.” You will be surprised at how many people prefer to play nice after you tell them this.
The young woman tried to do the right thing. Nice of all the adults around to try and help her out. The judge absolutely made the right call here.
To David Huie Green….you obviously don’t work in the medical field, thank God! Even telling her daughter that she HAD a lab appointment is a serious HIPPA violation. Please comment on things that you know about. I hear there’s an article about it being o.k. to marry your first cousin, so check that out…
Some of the people at labcorp treat you really bad , you know the type that are at work but dont want to be there? I highly doubt when the appointment was made to go that anyone told her that she couldn’t bring her child.
I can’t imagine a company telling a mother she can’t be with her kid , and generally if you are at this type of place its for something important
Why is it the person can watch her put the kid in the car, and wait 20 min, But yet can’t watch the kid for her ?
I think Labcorp is ran by the Black Panthers (im serious)
for gosh sakes, someone could have been kind and kept an eye on the little one while she quickly had her lab work done. not everyone has family and friends to lean on…noone had to hold the kid…he was in a seat. i would have gladly lent a helping hand if i was there. At least 2 people knew her predicament…where is your kindness and compassion for gosh sakes? yes, she did have a lapse in good judgement and im sure she has learned a valuable lesson. come on people, how about reaching out to lend a helping hand every once in a while?
We were there this morning with our daughter at LabCorp, she had an appointment that was made on line. She was in at her appt time, however the Nurse who took our daughter back was rude, never made eye contact with her, did not explain to her what she needed to do or where to go. When our daughter asked her what she needed to do the Nurse replied “well you should know you had an appt. My daughter just stood there in shock again this same Nurse also made the comment well did you get lost at her. Now, I understand places get busy, however there is no reason for anyone to be rude I will not be taking our family back to LabCorp for any blood work.
And we wonder why “children” are so messed up these days!? This is a perfect example. Shame on this judge! That baby could have died, been kidnapped and God only knows what else.
Thanks Judge Michale Allen, we can now look forward to finding babies left in cars by themselves in sweltering heat, lets hope the rest of them survive too, no thanks to this mother, but bystanders who were concerned for the child ….
REGARDING:
“I hope your mom knows she violated HIPPA regulations by revealing this ”
You don’t know her mother revealed it. You just assume so.
Besides, “This Rule sets national standards for protecting the confidentiality, integrity, and availability of electronic protected health information.”
How someone booked an appointment doesn’t look like health information to me.
David suspecting the kid’s been punished enough already
and probably won’t do it again
problem solved
Jack,
she doin d bes she kan, leber lone
David for literacy and lessons learned
Bratt…Is it really too hard to type the whole word or R U 2 tired?
i believe that some of the upset posters would have less negative comments offered if she had (or it was revealed) some tangible consequences for her lack of good judgement and that she didnt just get released w/o the stipulation of mandatory parenting classes, along with regular monitoring (by div children/families) for a few years…..that would be a more appropriate resolution to the case, in my opinion.
To Unknown–
I hope your mom knows she violated HIPPA regulations by revealing this woman’s personal information to you. Your mom could lose her job and get LabCorps some heavy fines for doing that.
Fountain mom who do u thank you r to say shame on u judge Allen? U tryna sound like a Christian person by sayn God will… Stating if judge Allen won’t punish her God will. Well who r u to judge. Yeah tha kid made a mistake in my eyes a really big mistake. She did her time n jail and like the power man said u don’t kno the legal stuff behind this girl. U said u r a mom well u look back n thank bout all tha mistakes I’ve made while raising ur kids. U may not have left em n a car but I’m sure u’ve made bad choices some where down tha line. Tha girl made a bad choice. If she makes another bad choice this is on her record she will most likely not get another shot after this one wen it comes to ur baby
This story makes me sick. Not because of what the young woman did, and not because the judge dropped charges. I am sick that SO many people feel that a person can be condemed over an honest mistake. I am not a religious person at all, but I do recall a saying of “let he who is without sin cast the first stone”. Seems to me this site is chock full of “those without sin”. The woman made a mistake, pure and simple. And to all the people asking “what if” over and over, well Caylee Anthony died and Florida didn’t convict HER mom so “what if” is out the window.There are accidents and then there are crimes, this was an accident. Good call Judge Allen.
P.S. How do you know that she made her appointment online?! Sounds like a HIPPA violation, if you ask me! Did mommy tell you that?!
You’re right Unknown….seeing the people that work at LabCorp, I wouldn’t let them hold my child either.
Every problem isn’t solved by taking away a child or locking up a person and making them pay a fine they can’t afford. At least She didn’t leave the child home alone like many do. She tried to do right but was put in a position by labcorp that made Her make a bad choice, maybe She didn’t expect them to take so long to do their job. I think labcorp could have handled the case a little better and I think the Judge made a good call.
Judge Allen you should be ashamed of yourself! This “girl” could have killed her baby! Maybe you (Judge Allen and people supporting this girl) should sit in a hot car for 20 minutes and then maybe you’ll change your mind! She deserves to be punished, so if you won’t God will. I will continue to pray for this precious innocent baby.
I hope the one’s that cast all those stones have never made a mistake. We all make mistakes. The difference is that some of us don’t get caught. I try to learn from my mistakes so that I might not do it again. In my years of life, I have seen many young people make poor judgement. I try to talk with them (and even scold them) so they make better choices next time. Especially those I am close to.
This is what I would refer to as a “close call”. We don’t even know all the details about this case. For one minute think about your daughter, sister, or friend and think about what if it were them in this situation. Should they go to prison for “one” careless act. We do not know the legal history of this girl, I can assure you that was taken into account by the judge. Atleast she was trying to get a job. There are alot of young parents out there that are living off the taxpayers.
I applaud the judge and others involved to get this young mom another chance. Maybe some of you “stone throwers” should to!!
Shame on you, Judge Allen.
Thank God nothing happened to the baby… Obiviously there was a woman watching the baby/car the entire time… Why didn’t she just say something to the mother? She made a mistake, and GOd was watching the baby thru the other woman… Some people need to get a soul and become a bit more human! next time you see a person that needs help…HELP THEM!
Actually, yes she did book her appointment online. No, they have a job to do they can’t be standing around providing a daycare for people who don’t have someone to watch there child…Seriously? As a mother I wouldn’t let anyone hold my child that I have no clue as to who they were. Policies are what they are and no one can come back with you and this girl knew that before she came to the center. I am not here to argue with anyone of you but stating the facts here.
I don’t think she made a good choice but I really don’t know if I would have left my child with someone in that LOBBY to watch,,,,Been there a few times for a job,,,,just saying,,, kids with kids,,,please just help them..
Hey Unknown…I bet she didn’t even have a computer to read Labcorp’s rules! She was probably having labs done so she could get a job. You mean to tell me, that out of all the employee’s your mother supervises, not one could hold the child for 2 minutes? Ridiculous!
Unknown…
A business can make rules for their employees, not customers. Customers abide by laws.
Rules (and laws) are made by people and people can change or modify them.
I have left serveral businesses when the employees start quoting their “policies”. I have some lab work coming up in October.
I will not be a customer of this lab.
Not saying she made the best choice but when we put people in jail because something could have gone wrong we are getting into a dangerous situation.
@really? I do have children and they’re well taken care of, and unlike some people I waited until I was much older and more responsible before I had children.
As for the “what if’s” what if the world was a better place and someone helped the young mother out, what if… what if… what if…
Facts are she made a mistake, facts are the baby did not die. There’s no what if, people get so hung up on “what if’s” and stray away from the facts.
I for one am glad she didn’t have her life ruined over one mistake, maybe this scared her enough she will never make the same mistake again. Also prompt her to be much more hyper-critical of her actions when caring for the child.
If none of YOU ever made mistakes you would be divine and honestly I don’t know one divine person that ever walked this Earth other than Jesus Christ.
Unbelievable…. she doesn’t deserve a second chance with that innocent little baby. All you people that believe she does are insane. Would she deserve a second chance if that baby did not survive? What a joke of a decision by a judge. Another example of our legal system making poor judements.
I’d like to know what kind of human beings are those that were there, sitting in the lobby doing absolutely nothing but waiting, and could not say, “hey, i’ll watch the baby for a minute while you get your bloodwork done!” Where is the “human” in humanity these days????
Well said Molino Anon and Ms K. Glad she’s getting a second chance.
God bless her and her baby!!!!
Molino-Anon…..I pray that you do not have children! This didn’t “just” happen she made a choice to leave that baby in a car. Its a little late after the baby is dead!
FYI- my mother is a supervisor and this location happens to be one of her centers. When you book your appointment online (as she did) it states in big bold letters that you must be alone to recieve services. So, this girl knew she could not bring her child back with her and should of had proper arrangements made for the child. Regardless, of all of this she knew she could not bring a child back to the room with her and should of never left this child in the car. She should be glad that an employee and witness went out to the car to check on this poor baby before she was seriously injuried. You shouldn’t blame Labcorp for not letting them take the child back, this is indeed one of there rules that you have to follow.
it could have been a LOT worse! she could have left the baby at home with her foster sister unattended!!!!!!
U got to be playing she left her baby in the car for 20mins and they drop her charges now they should drop them other womens charges for whopping that boy for messing with that little child
I agree that the baby is more important than bloodwork and she should have just left until she could leave the baby with relatives or something. However, what the heck is up with not having a baby in a blood drawing area?
I’m guess the kid was in a carseat or something and wasn’t going to hurt anything for the 5 minutes it was there. And then, it sounds to me like someone at LabCorp is covering their butt saying she told them she had someone in the car. On top of that LabCorp called the police! Maybe if LabCorp were more efficient they could recognize this girl needed to get in and out and could have accommodated a little.
Fault goes to both sides and I’m glad she is out of jail and the baby is OK.
You mean to tell me, they are dropping charges like this? OMG! What has to happen? The baby being found dead from heat exhuastion, or someone kidnapping this baby and possibly doing bad things to it; before charges stick. This is just so insane!!!
So glad the charges were dropped. This is your second chance girl, you better make the best of it. I would have a feeling if there ever is a next time you may not be so lucky. Take care of that baby, and be the mother that baby deserves.
The rest of you who are gonna go off about charges being dropped, shut up, “stuff” happens in this world, no one was injured and I’m sure this young mother learned from her lapse of judgement. People like you guys are what makes up lynching mobs.
So some judges do still have a soul. Good luck young lady. Be extra careful and mindful next time.
WHY????? Dropped charges..you do NOT leave a baby/dog/anything in a vehicle when the weather is as hot as it has been….should have @ least gotten probation w/parenting classes…JUST MY OPINION!
Why on earth were the charges dropped? I rememeber from earlier cooments on this story a lot of ppl were on her side. However I was NOT! You should NEVER leave a child unattended especially in this heat. Ok so she turned the ac on – so what!