‘Not an excuse’: Attorney of woman who left baby to die during vacation speaks out

( NewsNation ) — Kristel Candelario was sentenced to life in prison without the possibility of parole for the death of her 16-month-old daughter, Jailyn, whom she left alone in a playpen for ten days while taking a vacation. Her attorney says it was the toughest case he has worked on.

In a Sunday interview on “ NewsNation Prime ,” defense attorney Derek Smith expressed the profound difficulty he and his colleague Patrick Milligan faced while dealing with the evidence and images presented during the trial.

“We gotta do our job at the end of the day. Defend the Constitution, defend our client the best we can,” Smith said.

Authorities described the case as one of the most horrific cases they’ve ever seen. During the trial, the defense presented Candelario’s anxiety and depression to make sense of the case.

“Part of the job of defense attorneys is to … get all the facts, try to understand the situation,” Smith said. “Yes, anxiety, depression, I struggle from that myself … and it is not an excuse for what happened.”

Smith revealed Candelario had stopped taking her medication, exacerbating her condition and possibly contributing to her decision-making.

“She [couldn’t] articulate her own state of mind during that time, which is alarming. Not only was she on a couple of different antidepressants, but she stopped taking them. So that in amongst itself is an issue,” Smith said.

Regarding a potential appeal, Smith confirmed that Candelario intends to pursue one, with appellate counsel already assigned to her case.

Candelario, 32, had pleaded guilty last month to aggravated murder and child endangerment as part of a plea deal with Cuyahoga County prosecutors, who dismissed two murder counts and a felonious assault charge.

Authorities have said Candelario left Jailyn in their Cleveland home when she went on vacation to Detroit and Puerto Rico in June 2023. When she returned 10 days later, she found the girl was not breathing in the playpen and called 911.

The child was pronounced dead at the home. She was discovered in a playpen soiled with urine and feces, according to a press release from the Cuyahoga County Prosecutor’s Office . An autopsy by the Cuyahoga County Medical Examiner’s Office determined that the toddler died of starvation and severe dehydration.

County Common Pleas Court Judge Brendan Sheehan told Candelario she committed “the ultimate betrayal” by leaving her daughter alone without food.

“Just as you didn’t let Jailyn out of her confinement, so too you should spend the rest of your life in a cell without freedom,” Sheehan said. “The only difference will be, the prison will at least feed you and give you liquid that you denied her.”

Candelario said she has prayed daily for forgiveness.

“There’s so much pain that I have in regards to the loss of my baby, Jailyn,” she said. “I’m extremely hurt about everything that happened. I am not trying to justify my actions, but nobody knew how much I was suffering and what I was going through … God and my daughter have forgiven me.”

Candelario also has a 7-year-old daughter.

The Associated Press contributed to this report.

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