Santa Rosa couple charged in toddler's fentanyl death to seek pre-trial release
SANTA ROSA – A young Santa Rosa couple accused of causing the death of their infant from fentanyl poisoning in May will be petitioning the court on Thursday to release them from jail as they await trial, according to court documents.
Madison Bernard, 23, and Evan Frostick, 26, were arrested after Bernard says she took fentanyl and then fell asleep with her 15-month-old infant in bed next to her on May 9. The coroner ruled that Bernard went to sleep surrounded by "loose drugs and paraphernalia" and that the baby had somehow ingested fentanyl and died in what the medical examiner described as an accidental death.
Both parents have been charged with murder and child abuse.
Counsel for the defendants will file what's called a Humphrey motion on Thursday, asking the court to release them from jail pre-trial based on their inability to afford bail. A Humphrey motion stems from a California Supreme Court ruling that stated that it is unconstitutional to keep someone in jail solely for the reason that they cannot afford bail. The ruling was upheld on appeal in 2021.
The Humphrey case was spearheaded by then-San Francisco deputy public defender Chesa Boudin, who would go on to become the city's elected district attorney. Boudin was recalled by voters in June.
Bernard and Frosdick have remained in custody on $100,000 bail. They have not yet entered a formal plea.