A California woman who was accused, along with her boyfriend, of trying to sell their 8-month-old daughter in a Wal-Mart parking lot of $25 asked the judge to send her to prison instead of giving her probation. According to MSNBC.MSN.com, Samantha Tomasini told the judge that her emotional issues and drug addiction make it hard for her to stick with a court-ordered treatment program, and she believed she would wind up violating any new probation.
The judge agreed and sentenced Tomasini to four years in prison. She originally faced six years. Her story made national headlines when she and her ex-boyfriend, Patrick Fousek, were accused of trying to sell their infant to strangers for $25 in June of 2010.
Tomasini admitted to child endangerment charges after police discovered the child was living in unsanitary conditions in the couple's apartment. Fousek was found guilty of child endangerment after the Wal-Mart incident, and he is serving six years for the crime.
Tomasini's lawyer convinced the judge that his client was under Fousek's sway at the time of her arrest, and she agreed to serve probation in a plea deal. She left the residential treatment program and was re-arrested for violating her probation. She claimed to have kicked her methamphetamine habit, but continued to use heroin while on probation.
Tomasini testified at Fousek's trial, admitting that she had started using drugs again when the baby was 7 months old. Prosecutors accused Fousek of putting the child at risk when he failed to stop Tomasini from breastfeeding after she started using again. Blood tests did not show any traces of drugs in the child's system. The child is being raised by a foster family.
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