As Long Beach domestic abuse criminal defense attorneys, we were sad to read about the death of a toddler, allegedly at the hands of her mother. The Orange County Register reported August 3 that Linda Wilborn of Seal Beach is facing trial in the death of her daughter, Millicent, and the alleged abuse of her three other children. Millicent Wilborn died in December of last year, of blunt force trauma to the head and chest. After the death, doctors and child protective authorities discovered that the Wilborns' other three children had bruises and malnourishment, and Millicent's twin brother had a skull fracture. This came more than a year after Linda Wilborn was investigated by social workers. The children were not removed from the home after that investigation. Linda Wilborn has pleaded not guilty to assault on a child causing death and three counts of felony child abuse.
According to the article, Linda Wilborn called 911 last year to report that Millicent was not breathing. She gave several incorrect addresses for her home in a military housing complex, where her husband Derrick Wilborn works. Paramedics and emergency room doctors noticed suspicious bruises on the girl, so they called police and child protective authorities. They found signs of abuse and neglect on all four children, who ranged from eight months to three years. At the home, police officers found that the three older children were kept in a back room behind a child gate for much of the day. They found tooth marks on the doorjamb and discovered that the malnourished children were eating paint chips and bits of carpet. Derrick Wilborn was frequently absent, in part because he pursued a career as a golf pro every day after he finished his work for the military. When he came home to discover that Millicent had collapsed, he left the room and began putting together golf clubs.
In the previous incident, child protective workers intervened after Linda Wilborn left Millicent and her twin brother in a hot car at the age of four months. That investigation found that Wilborn had unspecified mental illness problems and did not meet her children's basic needs. Nonetheless, the report concluded that the risk of abuse was low and the social worker set up a "safety plan" requiring her to get caregiving help from others. On the day Millicent died, a police detective thought the couple's displays of grief were odd. He left a tape recorder running when he left the couple alone and captured them discussing conversations they believed Derrick Wilborn had had with God. Derrick Wilborn said God had told him Millicent died, and Linda Wilborn seems to imply that Derrick should have used his inside information from God to stop her. All three remaining children are in county custody.
This very sad story raises a lot of questions for our Laguna Beach domestic abuse criminal defense lawyers. From the story, it looks like Linda Wilborn may well be mentally ill. For that reason, we wonder whether the criminal charges facing her are the best way to handle the situation. Californians may plead not guilty by reason of insanity -- but to do that, they must show that they did not have the mental capacity to understand what they were doing, or to tell right from wrong. A successful insanity plea is often followed by commitment in a mental institution, so it is not much like an acquittal. Meanwhile, the article mentioned no charges at all for Derrick Wilborn, despite his apparent sanity and reported lack of attention to his family. Being a bad father is not a crime, but allowing a child to be injured or ignoring a child's dangerous situation are forms of child endangerment and neglect, both of which are crimes in California.
Howard Law, P.C. defends people who are facing charges of child abuse, neglect or endangerment, as well as other forms of domestic violence. Domestic abuse is a crime that provokes strong emotions, and sometimes, that means police and social workers can overreact. When parents face domestic abuse charges, they don't just face jail or prison time -- they also face losing custody of their children and other parental rights. And children removed from their homes enter the sometimes dangerous world of foster care. Our Torrance domestic abuse criminal defense attorneys help clients defend their families and their freedom, fighting domestic violence charges in court. In these types of cases, even witness testimony can be unreliable thanks to strong emotions, ulterior motives and genuine confusion on the part of the child.
If you're charged with domestic abuse in California and you know you need legal help, you should call Howard Law, P.C.. To learn more or set up a free consultation, contact us through our website or call 1-800-872-5925.
