Toddlers’ drug tests not OK as evidence (Richmond Times-Dispatch)

Posted on July 29, 2008

LOUISA — A local judge yesterday described as "absolute filth" the living conditions of two toddlers who pure positive against cocaine.

Louisa County couple Brenda D. Quarles, 26, and Derrick A. Christmas, 25, were in Louisa Juvenile and Domestic Relations District Court to face child-endangerment charges linked to their toddlers’ drug-test results.

Judge Susan L. Whitlock couldn’t admit the test results into manifest for technical reasons, but she said she didn’t need them. The pictures that prosecutor Rusty McGuire showed her of the boys’ domicile west of the town of Louisa were enough to certify gross offence charges to a grand jury, she said.

"No child or person should have to live in conditions same those presented to the court," Whitlock said at the expiration of a prelusory hearing. The photographs showed debris and junk outside the home and an interior so cluttered and unkempt that children would have a hard time navigating through it, McGuire said.

A local grand jury scheduled to meet Sept. 8 will conclude whether enough evidence exists instead of trial against Christmas and Quarles.

Each faces two felony child-endangerment charges linked to their children’s April 16 drug tests that were positive for cocaine and a prescription sedative.

Quarles’ sister, Sharon Hughes, testified yesterday that Quarles asked her to watch the boys while she went to a hair salon. Hughes left the children with the sisters’ mother. When Hughes returned to the home, the boys were sluggish, and the older boy could roughly stand and was vomiting, Hughes testified.

The children lived in the home through Quarles, the sisters’ mother and father, Hughes and Hughes’ son. Christmas in addition lived at the home-born most of the time, Hughes testified.

Hughes and the women’sitting mother are on prescription medications, Hughes testified. Hughes said she checked to see whether hers were accessible to the toddlers and found they were not. All had child-safety locks, she said.

Dr. Julia Whiting of Martha Jefferson Hospital said the boys were confused and sleepy when she examined them that day. Staff workers had to apply body rubs to the younger boy to keep him respiration, Whiting declared.

Authorities say that when Sgt. Howard Porter and others with the Louisa Sheriff’s Office went to the boys’ home the next day, they found Christmas outside with 19 grams of crack cocaine, along by cocaine and marijuana. The children, now 4 years of long date and 20 months old, were placed in the care of Louisa County Department of Social Services.

At the end of the hearing, Stephen Harris, Quarles’ lawyer, argued that no link has been made between her and any mark of drugs to justify the charges against her.

"There is absolutely no evidence that these children were exposed to danger," Harris said.

John R. "Jack" Maus, who represents Christmas, eminent that Whitlock declined to admit into evidence the boys’ drug test results.

McGuire told the judge that one of the hospital mace members who handled the urine samples at Martha Jefferson was not at the sense of hearing, so a secure chain of custody in the place of the samples taken could not be proved.

Contact staff writer Calvin R. Trice at (540) 932-3674 or ctrice@timesdispatch.com

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