Former University employee Raelyn Balfour, formerly charged with involuntary manslaughter for accidentally leaving her 9-month-old child in the back seat of her car, was acquitted of the crime last week.
Balfour was on her way to work at the Judge Advocate General's Legal Center and School at the University ?, March 30, 2007, when she forgot to take her son to his day-care center, according to her court testimony. Balfour arrived at work in the morning and failed to realize her mistake until 4 p.m. As a result, her son, Bryce Balfour, died of heat exposure.
Balfour was tried by a grand jury in the Charlottesville Circuit Court, and her acquittal was announced Friday. Balfour's defense attorney John Zwerling said the central concern of the trial leading to his client's acquittal was determining whether Balfour was guilty of "callous disregard of the wellbeing of her child," noting that he firmly believed "this was not the case" and that he had hoped the charges would be dismissed before the trial even began.
Commonwealth Attorney Dave Chapman, who was present at Balfour's trial, said he believes multiple factors played into her acquittal.
"On one hand, no one can imagine anything other than everyone having great sympathy for Mrs. Balfour," Chapman said. "She and her family have gone through a terrible tragedy and this was absolutely clear to the jurors."
Another issue possibly leading to the acquittal, according to Chapman, was the question of whether Balfour's behavior was consistent with ordinary or criminal negligence, which is the civil law standard used in determining whether a party is guilty of a crime.
Chapman said because "the jurors were appropriately focused on that issue ... they came to the conclusion that the circumstances were more consistent with ordinary negligence rather than criminal [negligence]."
Chapman also noted that because of the handling of the case and its full and proper investigation, the verdict of the trial should not be debated.
"The terrible and tragic loss of this baby has been thoroughly investigated and brought before members of the community," Chapman said. "There is no question [the jury's] verdict should be respected and the outcome of the case should be accepted as a reflection of justice."
Chapman's assurance of justice and a lack of wrongdoing, however, has not fully assuaged Balfour's grief. Balfour, according to Zwerling, is still coping with the loss of her son.
Zwerling said while the acquittal will alleviate some of Balfour's tension, "it has been very difficult, obviously. She will be struggling with [her loss] for her entire life."
Zwerling added that he hopes Balfour no longer will have to defend herself publicly, since the court has come to a decision.
Since the death of her son, Balfour has resigned from her job at the Judge Advocate General's School. She is currently expecting another child.
Both attorneys, meanwhile, had similar messages for the community in regard to the Balfour case and what observers might learn from it.
"One thing people should take away is not to be too judgmental and say that could never happen to me," Zwerling said. "Oftentimes it could"
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