2 women charged in 3-year-old’s death to be tried separately

Two women, including the mother, who allegedly caused the death of a 3-year-old boy will be tried separately after the Superior Court determined that the only similarities between the two cases is the young victim.

Superior Court Presiding Judge Roberto Naraja granted yesterday the motion of the two suspects, Lynn Fitial and Stacey Laniyo, to be tried separately.

Naraja said the government did not allege any connection between the two incidents. “Each defendant was charged under two separate subsections of 6 CMC § 5312, and the government does not allege a common scheme, plan, or conspiracy,” he said.

In addition, Naraja said the government did not allege that Laniyo’s strike/bite caused the death of the victim and that Fitial failed to provide adequate treatment based on Laniyo’s alleged strike/bite.

“There also isn’t an allegation that the two defendants planned to hurt the victim. There seems to be no logical relationship between the two events besides having the same victim,” he said.

Because of the arguments made by the defense, Naraja said he was persuaded to grant the motion to sever the two cases. Narja noted that the prosecution did not oppose this and had left the matter to the court’s discretion.

Fitial’s lawyer, assistant public defender Vina Seelam, filed the motion to sever, which Laniyo agreed to.

In their motion, Fitial and Laniyo stated that they are not accused of committing offenses arising out of common acts or transactions, and the only similarity is the victim.

The two women were arrested in the death of a 3-year-old boy in March 2020. The government charged both Laniyo and Fitial with child abuse.

Laniyo’s alleged abuse happened on March 12 when Laniyo allegedly hit the child, either with a tree branch, a broom, or her hand, or that she might have bitten him. Laniyo, who is related to Fitial, told police that the child was without fear and was very naughty. Laniyo admitted she had spanked him with a tree branch to discipline him.

Fitial, the child’s mother, allegedly failed to provide medical care for her son last March 13, 2020, resulting in his death.

Fitial told police that the boy had been ill and was given ibuprofen, which he vomited, before he was observed to have become stiff.

Dr. Philip Dauterman of the Commonwealth Health Center stated that the cause of death was obstruction of the airway due to pharyngitis and tracheitis, contributed by peritonitis due to gastroenteritis.

The pathologist said the boy’s symptoms, which would have been vomiting, appetite loss, diarrhea, fever, and sore throat, would have been obvious to any reasonable parent or guardian and a cause for concern.

Dauterman said the child was effectively dead when he was brought to the hospital’s ER.

The Department of Public Safety reported that the boy’s injuries were consistent with abuse.