Appeals court reverses Marble Hill woman's child endangerment conviction

A Marble Hill, Mo., woman's term of supervised probation was cut short Tuesday when a Missouri appeals court reversed her 2010 child endangerment conviction handed down by a judge in Cape Girardeau County.

In its decision, the Missouri Court of Appeals Eastern District said the prosecution didn't prove Teresa Marie Johnson, 37, created a substantial risk to the life of three of her children when she left them at a Cape Girardeau park before going to the emergency room. She was unable to make other arrangements, so left her 7-year-old and her 2-year-old in the care of her 13-year-old daughter.

The only harm alleged by the state, the court said in its ruling, was that the children were unattended and underdressed for the weather. The incident occurred in February 2009. A jury convicted Johnson in August 2010, and Associate Circuit Court Judge Gary A. Kamp sentenced Johnson to two years probation, suspending a 60-day jail sentence. Additionally, she was ordered to pay a $1,000 fine.

In its decision the court contends the child wasn't really left unattended, that the 13-year-old daughter was watching her siblings, a task she'd been asked to do many times before.

"Her caretaking competency is further demonstrated by her ability to take the action of finding a phone and calling her mother when they were at the park longer than expected," reads the appeals court's decision.

The 13-year-old and an officer who responded to the park were the only two witnesses called at trial. While both testified about the weather the day of the incident, the court said the state didn't present evidence as to how the children's dress presented a substantial risk to their health.

Cape Girardeau County Prosecuting Attorney Morley Swingle said one prosecution witness didn't testify. Charlotte Craig, a county health nurse, couldn't come to testify at the last minute, Swingle said. Swingle, however, did not prosecute the case. He said assistant prosecuting attorney Jack Koester handled the case.

Swingle said Craig would have been able to testify to the court the harm Johnson's actions did to the children.

Swingle said he understands the court's decision without Craig's testimony.

"In hindsight it was a mistake; we should have waited until Charlotte got there," he said.

Johnson and the attorney who handled her 2009 case could not be reached Wednesday.

ehevern@semissourian.com

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Marble Hill, MO