LUDLOW, Ky. — The Kentucky Supreme Court has upheld the murder conviction of Lauren Baker, a Ludlow resident whose 2-year-old son, Jaxon Vogt, died from a fentanyl overdose after discovering Baker’s stash while she slept on March 18, 2021.
Baker was found guilty of murder by a jury in April 2023 and sentenced to 33 years in prison. However, she appealed the verdict in July, as noted in court documents. The Supreme Court issued its opinion on the matter last week, establishing a significant precedent by affirming that a jury can justifiably charge someone with murder for exposing a child to fentanyl.
At approximately 3:30 p.m., Baker awakened to find Jaxon “sprawled across her lap, unresponsive,” as detailed in court documents. “Baker observed that her purse, along with her fentanyl and other paraphernalia, were scattered across her bed.” The documents further explain that the child had accessed her fentanyl, which Baker typically stored “inside a plastic bag, placed within a cigarette, then tucked inside a pouch that was ultimately secured inside a zipped purse. Baker would then tie the purse to the headboard of her bed, position it against the wall and the bed.” Jaxon had gotten into the purse and ingested some fentanyl while Baker was asleep.
Upon returning home, Suda called 911 and administered Narcan to Jaxon while Baker performed CPR. Jaxon was subsequently transported to Cincinnati Children’s Hospital, where he was pronounced dead.
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Toxicology reports indicated that Jaxon had a “fentanyl concentration of 21.4 nanograms per milliliter. A concentration of just three nanograms per milliliter could be lethal to an adult who has not developed a tolerance to fentanyl,” according to court documents. Furthermore, the lab found no evidence that his body had metabolized any of the fentanyl, suggesting he died shortly after ingesting it.
Baker’s appeal largely questioned the reasonableness of the jury’s verdict, arguing that the evidence did not sufficiently demonstrate that her actions exhibited “an extreme indifference to human life,” the court’s opinion notes. “Baker contends that the evidence only supported a finding of wantonness, which alone does not suffice for a wanton murder conviction.”
Baker also claimed that prosecutors erred during closing arguments by instructing the jury to overlook her attempts to help Jaxon, her affection for him, and her sorrow over his death in their deliberation. She further asserted that there were other procedural and evidentiary errors throughout the trial, which collectively undermined its integrity.
While the Supreme Court acknowledged some errors made by the trial court, they deemed these errors to be “harmless.”
The court’s opinion clarified that the jury was presented with the option to convict her on a lesser charge of second-degree manslaughter, indicating that they had the choice not to convict her of murder. Despite this possibility, the jury “given the evidence, opted to impose the wanton murder conviction.”
In an email to WCPO’s news partner, LINK nky, Kenton County Commonwealth’s Attorney clarified that the Supreme Court’s ruling does not necessarily imply that the court agrees that exposing a child to fentanyl constitutes murder, but rather that a jury could reasonably arrive at such a verdict.
Sanders also stated he was unaware of any previous case in Kentucky where someone had been charged with murder for exposing a child to drugs, including fentanyl.
“I am proud of this office for setting new precedents, especially in our mission to protect the children of Kenton County,” Sanders concluded in his email.
“I hope our groundbreaking efforts in Kenton County to safeguard children encourage prosecutors across Kentucky and beyond to adopt a more aggressive approach in prosecuting parents who endanger their children through dangerous behaviors,” he added.
LINK nky has reached out to Baker’s appellate attorney for further comments.
This story originally appeared on our partner’s website LINK nky.
