Toddler with methamphetamine in system ‘deserved better’

A mother whose infant child died with methamphetamine in her bloodstream should serve two years in jail, the Crown argued Monday.

Alison Kimberly Muise, 43, was found guilty in February of failing to provide the necessaries of life in the 2022 death of Layla Mattern-Muise after a trial last year.

On Feb. 2, 2022, Muise and the child’s father awoke to find Layla, three months, not breathing and called 911.

The child was rushed to hospital and pronounced dead that day. Her blood was later found to contain methamphetamine.

“The victim was a newborn at the relevant time and was exposed to methamphetamine in her home,” Crown prosecutor Alanna Littman said at Muise’s sentencing hearing on Monday.

“At that age, the child was entirely dependent upon… Ms. Muise for her protection, her care and a safe living environment. To put it simply, Layla Mattern-Muise deserved better.”

The Crown is also seeking two years of supervised probation for Muise after the proposed jail bid.

Police found the couple’s house in “hoarding-like living conditions,” with drug paraphernalia scattered throughout.

An autopsy detected the presence of methamphetamine in the child’s bloodstream, but not the amount. A cause of death could not ultimately be determined.

Littman argued Muise’s sentence must serve to denunciate what she did and deter others from similar conduct.

“Layla Mattern-Muise was dependent upon her mother for the most basic necessities of her life, including protection from circumstances capable of endangering her health,” the prosecutor said.

An aunt of the little girl’s half brother, now nine-years-old, read victim impact statements on behalf of herself, another family member and the boy.

That side of the family expressed great concern over the little girl’s safety, even before she was born, said the aunt, Madison Zienkiewicz.

Zienkiewicz said her family repeatedly attempted to notify authorities of their worries for Layla, as they believed Muise was using methamphetamine, but did not feel heard.

“We reached out because we were afraid something terrible could happen,” she said.

“The knowledge that we tried to raise concerns and were unable to prevent this outcome is something we continue to carry every day.”

The girl’s brother was excited to become an older sibling, but has been left confused, angry and in grief since Layla’s death, said Zienkiewicz.

Littman read a statement out on behalf of the half-brother’s grandmother, who said that the boy does not talk about his mother, except to say he never wants to see her again.

Muise’s defence lawyer, Tom Rees, argued she should be given a year-long conditional sentence order, amounting to house arrest, plus probation afterward.

“She’s expressed to me deep feelings of guilt that will never subside,” Rees said.

He pointed to efforts she has made, including maintaining sobriety, as well as counselling, programming and volunteer work she has done, while awaiting the court proceedings, as evidence of her rehabilitation.

Rees also noted Muise was in an abusive relationship with the child’s father, who frequently carried knives, punched holes in the walls of their home and chased her around their house on Westgrove Way in Winnipeg’s southwest, as the couple lived in poverty.

He argued the judge should assess what occurred within that context.

Provincial court Judge Michelle Bright is expected to issue Muise’s sentence later this year.

The child’s father, Muise’s then-boyfriend, pleaded guilty to failing to provide the necessaries of life in August last year. Christopher Mattern, now in his early 40s, was sentenced to 21 months of time served and two years probation.

erik.pindera@freepress.mb.ca