Judge denies motion to dismiss manslaughter case against Rutland day care provider

Published: May. 30, 2023 at 12:12 PM EDT

RUTLAND, Vt. (WCAX) - A judge has refused to dismiss manslaughter charges against a Rutland woman accused of killing an infant at her day care.

Prosecutors allege Stacey Vaillancourt drugged six-month-old Harper Rose Briar after she was dropped off at the Rutland day care in 2019. The infant was discovered not breathing after being put down for a nap and she died at the hospital. Toxicology tests later found that the infant had high concentrations of diphenhydramine, a sedating ingredient in many over-the-counter cold medicines.

Prosecutors say Vaillancourt was the only person who could have given the child the deadly dose. But her defense attorney asked the judge to dismiss the case, saying there was a lack of evidence to prove when, how, and who gave the child the drugs.

The judge disagreed.

Related Stories:

Rutland day care provider charged with giving infant lethal dose of antihistamines asks judge to toss case

Vermont family sues after baby dosed with drugs at day care

Granddad warns parents after baby’s death at Vt. day care

Police identify infant found dead at Rutland day care

Rutland day care owner charged with manslaughter in baby’s death