JACKSONVILLE, Fla. – After three days of testimony, it took a Duval County jury took less than two hours to find a foster mother guilty of killing a 17-month-old girl the state placed in her custody.
Lena Cumberbatch was found guilty of first-degree murder and aggravated child abuse in the drowning death of Latiana Hamilton two years ago.
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In closing arguments Friday, prosecutors called the toddler's death a violent end to a pattern of abuse. The jury was told that Cumberbatch slammed the girl's head into the bathtub several times before holding the foster child's head under water and drowning her.
Assistant State Attorney Erin Bray told the jury that some of Cumberbatch's four biological children were told to lie to investigators about what happened the day Latiana died.
"If it's an accident, why do we have two different stories?" Bray told the jury. "There should be only one, and that is the truth."
In the defense's closing argument, Tom Bell discounted the testimony of one of Cumberbatch's sons that he saw his mother holding Latiana's head underwater. He said none of the children's videotape testimony played during the should be considered because it's inconsistent and inaccurate.
"Are they all lying? No, they love their mother," Bell said. "But they're kids. They're mistaken."
On Thursday, Cumberbatch took the stand in her own defense, saying she wasn't even in the bathroom when the toddler died.
Channel 4's Karen Guglielmoni said that Cumberbatch broke down on the stand as she described finding the child dead. Cumberbatch said her children regularly bathed Latiana because the woman's weight made it hard to do.
Her attorneys showed the jury the dimensions of the bathroom in her Arlington home, and called a doctor to the stand to testify that Cumberbatch, at 5 feet 1 inch tall and weighing 375 pounds, was considered "super morbidly obese."
Cumberbatch testified that she left Latiana in the bath with her 9-year-old daughter that night, and when she returned, the toddler was alone, face down in the water, then began giving her CPR.
On the stand, Cumberbatch admitted using belts and an electrical cord to discipline the toddler, one of three foster children living with her family.
Her attorney asked if money was the motive for her taking in so many foster children.
"Did I do it for the money -- oh, absolutely not. (I did it) because I love children; I love babies," Cumberbatch said.
Earlier in the week, the medical examiner who conducted the autopsy on Latiana described finding both fresh and old bruises and abrasions on the body, and that a rib broken the day she died had been broken before.
The state is not seeking the death penalty, but Cumberbatch faces life in prison if convicted. Judge Peter Dearing set sentencing for Oct. 9.
Defense attorneys said they plan to appeal.
Previous Stories:
- September 10, 2003: State Rests Murder Case Against Foster Mom
- September 9, 2003: Foster Mom On Trial For Death Of Toddler
- October 17, 2001: Toddler's Death Prompts Changes In Foster Care Program
- August 22, 2001: Foster Mother Faces New Charges
- July 31, 2001: Foster Mom Investigated For Murder, Child Abuse