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JUDGE REOPENS CASE FOR WOMAN IN BOY'S DEATH; NEW EVIDENCE COULD BOLSTER DEFENSE.


Byline: Peter Hartlaub Daily News Staff Writer

In a case that changed California child welfare laws, a judge agreed Friday that a woman convicted of beating a 2-year-old boy to death in North Hollywood deserves another chance to defend herself in court.

After spending 20 months in jail for the murder of Lance Helms in 1995, Eve Wingfield was told she would be freed on her personal recognizance recognizance

In law, obligation entered into before a court or magistrate requiring the performance of an act (e.g., appearance in court), usually under penalty of a money forfeiture. The most common use of recognizance is in connection with bail in criminal cases.
 while the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County District Attorney's Office decides whether to pursue charges.

Her attorney, Michael Goodman, argued that new evidence proves Wingfield couldn't have killed the son of her former boyfriend, David Helms. Following a short hearing, Van Nuys Superior Court Judge Michael Hoff ruled that Wingfield can take back her guilty plea to felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.  child endangerment and enter a not guilty plea to murder and child abuse.

It remained unclear whether Wingfield would have to return to court.

A prosecutor said authorities still are investigating what role, if any, Wingfield and David Helms had in the boy's death. Deputy District Attorney Steven Slavitt said his office is ``not convinced'' that Wingfield is free from responsibility.

``Mrs. Wingfield did accept previously at least partial responsibility for the death of Lance Helms,'' he said.

Born with a drug addiction drug addiction
 or chemical dependency

Physical and/or psychological dependency on a psychoactive (mind-altering) substance (e.g., alcohol, narcotics, nicotine), defined as continued use despite knowing that the substance causes harm.
, Lance was taken by the county Department of Children's Services and placed in the care of an aunt. Despite eight court hearings over his father's competency COMPETENCY, evidence. The legal fitness or ability of a witness to be heard on the trial of a cause. This term is also applied to written or other evidence which may be legally given on such trial, as, depositions, letters, account-books, and the like.
     2.
 as a parent, the boy repeatedly returned to the household where he eventually died.

Lance Helms died in his father's home, where he lived with Wingfield. His death was caused by several powerful blows to the abdomen abdomen, in humans and other vertebrates, portion of the trunk between the diaphragm and lower pelvis. In humans the wall of the abdomen is a muscular structure covered by fascia, fat, and skin. .

Police had discounted Wingfield's alibi that she had been at a pawn shop a shop where a pawnbroker does business.
- Shak.

See also: Pawn
 at the time of the boy's death because a coroner's report showed Lance could have been alive for up to 60 minutes after the beating.

Those facts have changed, her attorney claims.

Goodman says coroner's office pathologist Dr. James Ribe has altered his testimony because he found that Lance Helms had the flu, which meant the boy had died almost instantly - while Wingfield was miles away.

``The most important evidence that we have is that Lance Helms' condition at the time that he was beaten, as a result of flu and very serious vomiting vomiting, ejection of food and other matter from the stomach through the mouth, often preceded by nausea. The process is initiated by stimulation of the vomiting center of the brain by nerve impulses from the gastrointestinal tract or other part of the body.  he had at the time, had caused . . . dehydration dehydration

Method of food preservation in which moisture (primarily water) is removed. Dehydration inhibits the growth of microorganisms and often reduces the bulk of food.
,'' Goodman said.

The boy's death April 6, 1995, didn't go unnoticed. It led to changes at the county and state levels, giving a child's safety more priority in custody cases Noun 1. custody case - a legal action to determine custody (usually of children following a divorce)
action at law, legal action, action - a judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of
.

Faced with a murder charge, Wingfield accepted a plea agreement and admitted to felony child endangerment in the boy's death. She was sentenced to 10 years in prison Jan. 11, 1996.

On Friday, Hoff allowed for Wingfield's release with a restriction - that she stay away from minors unless supervision is present.

Goodman said the ruling means Wingfield could end up having to defend herself against charges of child abuse and murder, which carry a stiffer sentence than her conviction on the single charge of child abuse.

Goodman said his client was willing to take that ``gamble,'' because the coroner's office report has bolstered her case.

CAPTION(S):

3 Photos

Photo: (1--3) Eve Wingfield, above, reacts as the judge allows her case to be reopened. At left, Gail Helms holds up a picture of her 2-year-old grandson Lance Helms, who was beaten to death in April 1995. The case led to changes at the county and state levels, giving a child's safety more priority in custody cases.

David R. Crane/Daily News
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Sep 13, 1997
Words:586
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