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Long Island mother charged after baby choked to death on popcorn kernels

A New York woman has been charged with manslaughter after her baby choked to death on popcorn kernels, Long Island prosecutors said. 

Olivia Bithorn, 36, was crying in court Monday as the Nassau County District Attorney's Office described how her long history of alcohol abuse allegedly led to her 18-month-old son's death. 

"Blue and cold to the touch" 

Bithorn allegedly gave her son, Luke Russel Jr., and his 3-year-old sister a bag of unpopped popcorn kernels, then left them alone while she drank vodka in the bathroom of her Merrick apartment when the children were visiting her in April. 

"Her son was blue and cold to the touch ... They estimate, allegedly, he was dead for over an hour before 911 was called," Nassau DA Anne Donnelly said. "Allegedly, she was in the bathroom possibly getting sick because she had drank so much." 

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18-month-old Luke Russel Jr. and his mother Olivia Bithorn Nassau County District Attorney

Donnelly said the heartbreaking tragedy crossed the line from an accident to a crime because Bithorn's conscious disregard for a known choking hazard for young children and binge drinking created an unjustifiable risk. 

The little girl was the one who found her brother unresponsive. 

"It's an accident if you leave the room for a few minutes and your child is, but it's criminal if you actually give your child these kernels to eat and not be present if something happens," the DA said. 

Kids were put at risk before, prosecutors say

Prosecutors said Bithorn cycled in and out of rehab for years. They described other alleged incidents in which they said her drinking put her children at risk, including car crashes and even a disappearance. 

Bithorn pleaded not guilty. Her attorney asked that reporters be excluded from the courtroom, but the judge denied the request. 

She was being treated at a rehab center, but prosecutors argued she could not be relied on to return to court. She is being held on $250,000 bail and faces from five to 15 years if convicted. 

Her estranged husband declined to comment as he left court. 

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