CBS News/ April 13, 2011, 12:04 PM

Mom kept meds from cancer-ridden autistic son

A Massachusetts mother has been convicted of attempted murder for withholding cancer medications from her autistic son. The jury also found Kristen LaBrie, of Salem, guilty of reckless child endangerment, and assault and battery.

Jeremy Fraser was just 9 years old when he died of leukemia in 2009. Now, a jury has found his mother guilty of withholding his chemotherapy medication for at least five months of his treatment, CBS News correspondent Michelle Miller reported.

Prosecutor Kate MacDougall said during court proceedings, "He had an 85 to a 90 percent chance of a cure, and she took that from him."

Jeremy's doctor testified he'd been responding well to the medicine.

Dr. Alison Friedmann, of Mass. General Hospital, said, "Did I really think it was going OK and I reassured her that I thought, 'Yes, it was.'"

But when Kristen LaBrie took the stand, she said the medicine made her son suffer even more.

LaBrie said, "He was very, very sick, and I was afraid, and I did not want to have to make him get any more sick."

During the week-long trial, prosecutors painted a picture of LaBrie as a single mother who resented having to care for her severely autistic son on her own. But the defense argued that while she was depressed and overwhelmed, she did nothing to intentionally harm him.

It took less than seven hours for the jury to deliberate her fate. LaBrie was found guilty of attempted murder. Outside the court, her sister continued to defend her.

LaBrie's sister Elizabeth O'Keefe said, "It's too hard for them to know what my sister was going through. I don't think my sister had any intentions of hurting Jeremy ever."

LaBrie faces up to 38 years in prison when she's sentenced on Friday.

For more on this case, "The Early Show" turned to psychologist and contributor Dr. Jennifer Hartstein and attorney and child advocate Kevin Ryan, president of the child care agency Covenant House.

Co-anchor Erica Hill remarked, "Her sister made an important point, it's easy to judge from the outside. We never really know what's going on. She had said she was mentally impaired. What would that mean in terms of caring for your child?"

Hartstein replied, "It's hard to know what that means legally, but for caring for your child she was depressed, feeling overwhelmed. She has an intensely special needs child, severely autistic, couldn't communicate in effective ways, already stressed out. Add to that cancer treatments and that adds more depression, more feelings of being overwhelmed. She's not going to make the most effective decisions because of all of this on her head. We don't know what help she had. So many questions we have to let her answer for herself."

There wasn't a lot of detail given on what happened in terms of what was happening at the home with the child, Hill noted. Should there have perhaps been more help for this mother?

"It's a heartbreaking case," Ryan said. "The jury had to ferret out the tale of two Kristens: Was she an overwhelmed mom struggling to care for this profoundly disabled child who was cancer stricken, or a self-centered, self-absorbed mother bitter about having to do this on her own, who lied to doctors over and over and over again and said she was getting Jeremy the care he needed and she wasn't?

"And she offered three different explanations in her testimony. She said she was overwhelmed and depressed, and then she also said she thought her son had been cured, and talked about the fact (that the medication) was making him sicker. That tacking from place to place to place ultimately convinced the jury that she recklessly and wantonly disregarded this little boy's care."

As for official care of the boy, Ryan said it looks like the hospital believed LaBrie was giving her son the care he needed.

Ryan said, "His chemo-therapeutic treatment occurred over the course of a year and a half. It was five phases. And it was only in the last phase, the mom in the last five months said she was getting him the care he needed and she wasn't that they began to get concerned. When she showed up with him at the hospital he had gray pallor and he was splotching and his lymph nodes were swollen. And (a doctor) who testified at the trial said something was really wrong here."

Hartstein added, "Somewhere, something got missed. This mom was overwhelmed. She might have been a narcissistic woman who just couldn't do it anymore. ... Who knows what the real reason was? But somewhere this boy was neglected, he dropped through the cracks and didn't get what he needed."

Hill asked Hartstein if people in such circumstances are made aware of what support is available to them.

"Not as much as they probably need to be," Hartstein said. "To be truthful, navigating systems is a job in and of itself. She probably knew how to navigate a lot of the systems already but the social worker at the hospital, someone else needed to step in and help her more."

Ryan added, "People think the only way to get help for a family is to call a child abuse and neglect hotline and report them so they'll get investigated. They're less likely to reach out and help everyone than if they know there's a system designed to help and strengthen families. The one thing Jeremy needed was an adult who would walk with him and be that safety net. ... Government will not replace that, community is not going to replace that - has to be the family. In this instance it's tragic, but she didn't do it."

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17 Comments Add a Comment
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sconcreteguy says:
I'm sorry but none of this makes any sense. I do have an autistic child, and yes, it can be overwhelming. But there are alot of programs to help parents and families with this. You can get people who come into your home to interact with them as best they can, help you with daily chores, even give you "time off" every week to be able to leave your home and get away. You can get help with them 24/7/365. There are ALOT of programs in place. You just have to ask your social services dept. to start. Why is it that she had no problem with the worst parts of his treatment while he was in the hospital being sick and in pain, and while others were taking care of him? Why did him being so sick and in pain, only bother her once the child was sent home for the final phase of treatment, to be administered at home? The worst was over. She also changed her story 3 times about why she quit giving him the meds!! 1st-because it made him so sick, 2nd-she said she thought he was cured (but didn't take him to the doctor to confirm this), 3rd-because she was overwhelmed and depressed. She also continually lied to the doctor, the hospital, and the hospital social workers and said everything was going fine. When they kept asking her, why didn't she bring up any concerns then? That makes no sense at all. The only thing that you can conclude when you hear all of the evidence, is that she did it deliberately, (which actually wasn't disputed) She didn't want to be burdened with a severely autistic child anymore. Even her sister says things that are extremely concerning. Not once did they ever talk about how much they loved the boy, only what a "little wild animal he was, how he soaked through diapers at night, how he'd lick salt off of fish crackers, chew them up until it was a paste, and then spit them all over." The way they talked about their own flesh and blood, made me sick! They had no concern over what he was going through being autistic and not being able to communicate, only how hard it was for all of them. Plain and simple, she was tired of dealing with him and wanted him gone! When he got cancer, it was a perfect out for all of them, short of taking a gun and shooting him. They talk with such disgust and loathing of this little boy, that it makes them seem like monsters. Even her lawyer tried to blame it on everyone but the mother. I'm sorry, but when you become a parent, everything is not always roses. You take the good with the bad and you love them no matter what you're dealt. I see a real lack of compassion from the mother, the aunt, the lawyer, all of them. They are only concerned with themselves and what they went through. What about that little boy? Imagine what he went through. You don't know what goes on in their minds. The ones who should have loved and protected him no matter what, were the very ones that had the most hate and disgust for him. I can't imagine what he went through before he got the cancer. But I'm sure it wasn't a very happy life if that's the way they felt about him. He was a huge burden and disgust to all of them. Maybe God decided to step in so the little boy could finally have some peace! He had a 85-90% chance of living until it was put in the very hands of the people who should have loved him the most. This whole thing is disgusting! I can't believe anyone would defend a family like this. I don't care what's wrong with your child, you should love him in spite of it. Not cry, "Oh poor me!" Welcome to parenthood! You don't get to choose!
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Noval53 says:
The boy's autism was likely caused by multiple poisonous vacinations. Big pharma drug treatment for autism likely caused his cancer. Radiation and chemo therapy killed him slowly and painfully. But the establishment medical mafia can't stop there. Let's loudly and publicly punish the mother.
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patrons99 replies:
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Well said, Noval53! Pharma, FDA, CDC, and WHO, routinely blame the victims of their crimes. Fundamental, God-given, inalienable rights to medical freedom and privacy are at issue here. The right to opt-out of scheduled inoculation/transfection, cytotoxic chemotherapy, and radiotherapy should be protected and memorialized in law. Pharma's allopathic model of "whealth" is dying - it's literally capitalizing on killing us.

MEDICAL FREEDOM NOW
END MEDICAL FASCISM NOW
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stars1213 says:
OK, so I only have media based information about this case, but I am not sure where anyone is seeing that she had her son's best interest at heart... If she would have, at any point, told the doctors she was concerned about the side effects of the medication or told them truthfully she wasn't giving them to him (for whatever reason) - this would be a whole different story.

It's the fact that she didn't give him the meds, lied multiple times to the doctors nor voiced any concern to them, and then said it was also because she was depressed (what in the world does her depression have to do with any of this?)

As the mother of a severely autistic 9 year old (zero spoken language) who is going in for an operation to have two scopes and biopsies done because he is severely underweight despite a high calorie diet, I know what I am in for. I know he is going to be scared, I know whatever medications or procedures we may have to give him will be a nightmare to administer, and that the side effects could be disastrous, but it needs to be done! This isn't like missing a speech therapy session or, this is a life and death medical problem, just like that poor little boy had - and regardless of all the stresses autism brings to a family - if your baby is sick, LISTEN to the doctors. If you don't agree, DISCUSS with the doctors. But don't just not take medical advice because it is too hard to deal with.

Regardless, that little boy is gone, and nothing can bring him back. But just the thought the she might have been the one that caused his cancer to come back and kill him by not giving his medications - I think would already be the ultimate torture to a mother. Personally, if that was on my shoulders, jail would be the farthest concern on my mind. The fact that she has to live with herself is really her true punishment.
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tdiener replies:
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Still, no one wakes up in the morning and says I'm going to be a bad parent. Clearly, you and sconcreteguy (who commented above) have the capacity to nurture your children. Something went really wrong for Mrs LaBrie. It's tragic that no one picked up on that and intervened. There but by the grace of God go I.
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Mewhobelieves says:
Yes, some may argue she's also a victim, she could have but didn't or there are resources, and ways if she only knew, but the fact his she's alive, the boy is not. She was responsible for his life and failed him, now under the law of men she must pay and that's that.
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samXXkiley says:
coucou,
la maman ?tait desesp?r?e, voyant son enfant souffrir,
il ya eu n?gligence, mais s?rement pas une intention de tuer,
s'occuper d'un enfant autiste, souffrant d'un cancer, n'est pas facile,
l'inculpation de tentative d'assassinat, est ?xag?r?e.
.........................

Mom was desperate, seeing her child suffer,
there was negligence, but certainly not an intent to kill,
care for an autistic child, suffering from cancer, is not easy
on charges of attempted murder is excessive.
" au revoir"
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jt92202 says:
I don't know anything about this story except what I just read BUT I do know about dealing with a medical issue and getting no real help! My husband was diagnosed 6 months ago with Type 1 diabetes, 55 year old male. If your listen to the media they would say, That can't happen or it's his fault because he's Obese! No he weighs 180 lbs at 6 foot he is not overweight at all! And it can happen to people over the age of 25 even though the info out the say's different! When he was diagnosed he was given his insulin, blood glucose meter and a sliding scale of how much insulin and when and sent home!!!! Peoples BODY'S are different and there is no two people that react to insulin the same so what did we have to do? Trial and Error, mind you the Error part can kill him!!! There is not a support system, you get diagnosed and sent home for your family and yourself to deal with your condition.

As a parttime caretaker for my husband (as anyone that lives in a home with someone with a medical problem is) it is very overwhelming and depressing to watch your love one struggle on a daily basis. I understand what I deal with is nothing like what this mother and child dealt with but I can look at my situation and say, Hey how would I deal with this. She should never have taken him off of his medication but she should have been sitting at the doctors office every day asking for help and getting help for her son! Hind sight, it's always easier to look back and say shoulda, coulda, woulda!

Sad that this child lost his life due to the neglect of everyone around him! The mother should have gotten help but then again did she have anytime to think of anything but her sick child! The doctors shouldn't have forgot about him as soon as he walked out the door!
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goldenaguila says:
bantamei,
I honestly in my heart do not believe Mrs LaBrie intended to murder her son. We do not know pharmacologically speaking whether or not those chemo drugs were what caused him to become ill and die. Anyone I have known going through chemo and radiation become very ill after all the immune system is being shattered. We do not know the severity of his autism or what treatment he was receiving.
What is autism but ongoing inflammation of the brain and his was severe. Children in this state may not do well with such an exhaustive treatment like chemo it may further debilitate an already compromised body.
That poor little boy may he rest in peace and I feel for the mom. It is tough enough raising children but even more emotionally draining to be a single mom caring for such an ill child. She needed more help and it seems like no one reached out to her.
We have an epidemic of autism here in the U.S. yet nobody seems to listen. 1 in 100 children are diagnosed each year in some communities it is 1 in 64 boys. We will be seeing more and more cases such as these in the future.
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SaveCapeAnn says:
Attempted murder and assault and battery?????????? For not giving medication? The prosecutor is demented, and the real evil one here. The judge should have thrown this out. Where are the priorities of the D.A. and court system?
There are so many other things that need to be investigated and prosecuted, and they are picking on a poor woman who has cared for her disabled child for years, which must be a horrible thing alone, without the cancer added to it.
Have they never had a person or pet close to them that has had treatments or medications whose side effects are worse then the daily effects of the illness? Sometimes the cure can be or seem to be worse than the illness, and for the caregiver it can be a horrible dilemma.
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crouching_sloth says:
People should read the court transcripts before allowing CBS, ABC, or NBC news to tell them what to think. I believe the mother did indeed make a mistake. But let me ask, how would you respond if you were left alone with an autistic child with cancer? If you are pompous enough to answer that then come work in a cancer treatment center with me. Remember a jury with not a single person who had a child with cancer convicted her based on testimony from a female doctor who was not the child's oncologist. She plead guilty to all charges except murder and even the judge is considering some fundamental legal issues. Number one: where in the constitution does it say we MUST accept medical care or where does it say a parent must believe doctors and allow treatment, no matter what? Do you want the doctors and government telling you how and what medical treatment to give your children? Think about this before you agree with it.
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goldenaguila says:
Something is wrong in America when a mom who is looking out for her child's best interest goes to jail. This mom saw that those meds were making her son worse. Why isn't the company who made the drugs on trial? Why isn't anyone asking how did her son become autistic? Was it because of our current CDC vaccine schedule? Many moms swear that their children regressed after the MMR vaccine or other vaccines yet nobody listens to these moms.
Why is it that the vaccine makers are free from being sued in court if a vaccine injured someone? Why has our government paid out 2 billion dollars in tax payer money to vaccine injured children including many who became autistic after vaccination? Why aren't vaccine makers liable?
This case illustrates what is wrong: Big government working side by side with Big Pharma to assure profitability and maintain the medical industrial complex.
Nobody cares about the mother taking care of her autistic son and nobody cares about the suffering of autistic children. Until government really takes the time to investigate the safety of vaccines and cancer drugs all children are at risk and all of us parents could be the next sacrificial lamb while the real culprits go free.
All of us should be outraged!
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bantamei replies:
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So in order to remove the pain she kills him?
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