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The Leavenworth Times - Leavenworth, KS
  • Child endangerment defendant found to be competent

  • A Leavenworth woman accused of leaving her baby alone in an alley has been found to be competent to stand trial.
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  • A Leavenworth woman accused of leaving her baby alone in an alley has been found to be competent to stand trial.
    The ruling came Friday in the case of Elizabeth A. Michaud. She’s charged with aggravated endangering a child for allegedly leaving her infant son alone May 3 in an alley in Leavenworth.
    Authorities believe Michaud was under the influence of drugs or alcohol the night of the incident. Leavenworth Police Chief Pat Kitchens has estimated the baby was in the alley for at least three hours before he was found in a stroller by an area resident.
    Assistant County Attorney Cheryl Marquardt, who is prosecuting the case, said Friday that a report about a recent evaluation of Michaud indicated the defendant was competent.
    District Judge Michael Gibbens ruled that Michaud is competent to stand trial. Gibbens is not the judge who normally presides over the case but he presided over Friday’s hearing.
    A pretrial conference was scheduled for Jan. 25.
    Michaud’s attorney, Elaine Halley, requested that her client’s bond be reinstated.
    Michaud previously had been released on bond, but she was arrested after she failed to appear for court Nov. 30.
    Halley said the bondsman who had put up the bond for Michaud is willing to keep the bond in place.
    The defense attorney said the case is presumptive probation, which means Michaud likely would be sentenced to probation if she’s convicted.
    “She’s done quite a bit of jail time,” Halley said.
    Gibbens asked why Michaud had failed to appear for court last month.
    Halley said Michaud didn’t remember the court date. The attorney said her client has significant memory problems.
    Marquardt argued Michaud has “failed on bond supervision and she has failed to show up for court.”
    Gibbens said he would order a bond screen for Michaud but her bond may not be set for the same amount as it had been before.

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