November 17, 2008 - Sacramento Bee
From David Richie:


Kristina Lynn Fuelling, the Granite Bay mother who drowned her 8-day-old daughter in a bathroom sink, will spend a maximum of 15 years in custody under the terms of a comprehensive plea deal approved Monday in Placer Superior Court.

Her actual sentence will be decided after a hearing scheduled for Jan. 23.

"We believe that this was a fair resolution," said Tom Johnson, Fuelling's attorney.

During a brief, emotional court proceeding on Monday afternoon, Judge J. Richard Couzens accepted a plea of not guilty by reason of insanity on a charge of second-degree murder in the death of Faith Fuelling on Jan. 19.

The court discussion also revealed that Fuelling's sanity was disintegrating over the course of several days leading up to the death of her baby.

Fuelling's insanity plea will not cover several incidents that occurred on Jan. 16 when she started hurting Faith, according to court testimony.

Scott Owens, assistant Placer County district attorney, said more information about the earlier incidents came to light during the murder investigation. It was not clear who knew about them when they happened, but Placer County sheriff's deputies evidently were not called on Jan. 16, Owens said.

Fuelling entered guilty pleas to charges of attempted murder and child abuse stemming from the incidents on Jan. 16.

The prison time for those offenses will be "no less than six years and four months and no more than 15 years," Couzens said.

He will make a final decision on sentencing after the Jan. 23 hearing.

Fuelling will begin her time in custody in a state mental hospital, where she will spend at least six months. She will be transferred to a state prison to serve the remainder of her term if and when doctors determine that she has regained her sanity, Couzens said.

Fuelling, 27, waived her right to a jury trial.

That allowed Couzens to move ahead with a determination that Fuelling was legally insane when she killed her baby. He made that determination based on two separate medical and mental evaluations of Fuelling written by court-recognized experts. "The reports are in uniform agreement," Couzens said.

The judge noted that a third report is still being prepared. He reserved the right to alter his determination if the third report changes his mind.

Fuelling, clad in a red Placer County jail jumpsuit, sobbed throughout the 20-minute proceeding that was attended by about a dozen members of her family.

The agreement hammered out among the DA's office, the defendant and her attorney provides society with the protection it needs while also addressing the needs of Fuelling and her family, Owens said.

Johnson described his client as "a lamb" who "broke" under the strain of postpartum depression that escalated into full-blown psychosis.

A clearer picture of the week leading up to the drowning of Faith Fuelling is expected to be provided during the sentencing hearing. Johnson expects Fuelling to testify.

The key point in the sentencing agreement is the maximum of 15 years in custody, Johnson said. That gives Fuelling the hope of getting some of her life back if she can regain her mental health and successfully complete her prison sentence, Johnson said.

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