The recent babysitter trial surrounding the tragic death of 7-month-old Abigail Lobisch has captivated public attention. On What’s the Law, Coralie Chun Matayoshi, producer and host of KHON2’s legal podcast, broke down the case and shared insights into the criminal and civil proceedings. Today, she joined Living808 to give us a preview of the new episode.
Baby Abigail died while in the care of her babysitter, Dixie Denise Villa, who was found guilty of manslaughter. An autopsy revealed the presence of a fatal dose of diphenhydramine, commonly sold as Benadryl, in Abigail’s system. During the trial, the defense argued the drug may have been ingested through the mother’s breastmilk, as she had been taking Tylenol PM. However, a pediatric emergency physician testified that the amount of diphenhydramine in Tylenol PM wouldn’t have been sufficient to cause the baby’s death. Prosecutors claimed Villa administered the Benadryl herself to help the baby sleep, as she was caring for four children overnight alone.
When asked why Villa did not testify, Matayoshi explained that the judge allowed the prosecution to raise questions about Villa’s alleged operation of an unlicensed daycare, pending civil lawsuits, and her arrest record, which included a theft charge. Villa’s defense team also moved for a mistrial after the verdict, citing new evidence that the baby’s mother lied under oath about co-sleeping with Abigail and receiving mental health treatment. The judge is still deliberating on whether to grant a new trial.
In addition to the criminal case, Villa faces a civil lawsuit for the wrongful death of Abigail. Matayoshi clarified the difference between the two: a criminal case seeks to punish crimes against society, while a civil case involves private claims for compensation. The babysitter could still be held liable in civil court even if acquitted in a criminal trial, as the burden of proof is lower in civil cases.
Matayoshi also discussed the broader concept of torts, explaining how they encompass both intentional and negligent acts, such as assault, battery, and car accidents. She offered examples, including strict liability for inherently dangerous activities, like owning a wild animal.
Listeners can look forward to more compelling episodes of What’s the Law, including topics such as military vs. civilian court trials for service members accused of crimes and tips on avoiding cryptocurrency scams.
Catch the full episodes and more legal insights at KHON2.com/whats-the-law.