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NOT GUILTY PLEA IN TOT DEATHS MOTHER ACCUSED OF NAPPING AS SONS SUCCUMBED TO HEAT INSIDE MINIVAN.


Byline: Sabrina Decker Staff Writer

VENTURA - A Simi Valley Simi Valley (sē`mē, sĭm`ē), city (1990 pop. 100,217), Ventura co., SW Calif. in an oil, fruit, and farm region; laid out 1887, inc. 1969.  woman pleaded not guilty Wednesday in the deaths of her two toddler sons, who authorities said were left strapped inside the family's sweltering swel·ter·ing  
adj.
1. Oppressively hot and humid; sultry.

2. Suffering from oppressive heat.



swel
 minivan while she went inside and took an alcohol-induced nap.

Marlene Heath faces a Nov. 16 preliminary hearing in the Aug. 4 deaths of Jake, 3, and Dylan, 14 months. Authorities said Heath had a blood- alcohol level of 0.17 - more than twice the legal limit for drunk driving - some six hours after she left the boys parked in the driveway of her Ralston Avenue home.

Heath has been charged with two felony counts of child abuse with special allegations of willful Intentional; not accidental; voluntary; designed.

There is no precise definition of the term willful because its meaning largely depends on the context in which it appears.
 harm or injury resulting in death, and gross bodily injury during the commission of a felony. If convicted, she could be sentenced to nearly 13 years in prison.

Her attorney, Louis ``Chuck'' Samonsky, said outside of court that his client may be willing to plead guilty to less-serious charges.

``Pleading out is something we might certainly explore, but so far the D.A. has not seemed willing to negotiate,'' Samonsky said.

Heath is free after her husband, Phillip, and other relatives posted her $50,000 bail.

``He is very supportive, he's suffered the loss with her and they're seeing this through together,'' Samonsky said.

Heath originally was charged with involuntary manslaughter The act of unlawfully killing another human being unintentionally.

Most unintentional killings are not murder but involuntary manslaughter. The absence of the element of intent is the key distinguishing factor between voluntary and involuntary manslaughter.
, but the counts were upgraded after the case file was reviewed by Ventura County District Attorney Michael D. Bradbury, deputy prosecutor Susan Ruggles said.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 authorities, Heath initially told them she had been driving her two sons to a company picnic when she got drowsy drows·y  
adj. drows·i·er, drows·i·est
1. Dull with sleepiness; sluggish.

2. Produced or characterized by sleepiness.

3. Inducing sleepiness; soporific.
 and returned home. Without removing the children from their car seats, she then went inside her home and fell asleep for four hours, she said.

When she awoke, she removed them from the van and tried unsuccessfully to revive them, authorities said of her account.

According to court documents, Heath later told officials she had consumed alcohol before leaving for the picnic and also when she returned home.

An autopsy determined the boys died of hyperthermia hyperthermia /hy·per·ther·mia/ (-ther´me-ah) hyperpyrexia; greatly increased body temperature.hyperther´malhyperther´mic

malignant hyperthermia
, or increased body temperature. Authorities said the interior of the minivan reached 122 degrees that afternoon.

Heath was described as being in prolonged shock after their deaths.
COPYRIGHT 2001 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 11, 2001
Words:375
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