- Associated Press - Tuesday, September 17, 2013

SANTA ANA, Calif. (AP) — A mother involved in a contentious custody case has been charged with killing her 13-year-old autistic son and 9-year-old daughter in California after a judge ordered them returned to their father in Georgia.

Authorities weren’t releasing many details, but one of the special circumstances filed by prosecutors against 42-year-old Marilyn Edge alleges the children were poisoned.

Ms. Edge, of Scottsdale, Ariz., is scheduled to be arraigned Tuesday. She was charged Monday with two counts of murder with special circumstances in the deaths of her daughter, Faith, and her son, Jaelen.

Ms. Edge lost custody of them on Wednesday in a Georgia case and then texted her ex-husband, Mark Edge, two days later that she would bring the children back on Sunday, his attorney, Marian Weeks, said. The children were found Saturday in a Santa Ana hotel room.

Mr. Edge was informed about the death of the children early Sunday by Atlanta police and was taken to a hospital for duress.

“He’s emotionally, extremely distressed,” Ms. Weeks said. “He is getting better. His whole focus right now is on the children.”

Ms. Edge could be eligible for the death penalty if convicted.

She was driving a car that crashed Saturday into an electrical box outside a shopping complex in Costa Mesa. She refused to get out of the car and tried to choke herself with an electrical cord as rescuers attempted to free her, Santa Ana police Cpl. Anthony Bertagna said.

Police found propane in the car but wouldn’t say whether there was a suicide note.

Authorities said Ms. Edge told investigators they could find her children’s bodies at the hotel.

The Edges were married for less than 10 years and divorced in December 2007, Ms. Weeks said. Ms. Edge claimed that her former husband, who routinely traveled to Afghanistan, where he worked as a contractor, failed to make child support payments, according to court records.

She also claimed the children of a friend of her ex-husband’s were sexually abusing her kids, but the allegations

Ms. Edge was given full custody of her children in October 2009, a ruling that later was set aside after Mr. Edge contended he wasn’t aware of a court hearing because he was overseas and documents were sent to a wrong address. However, the Georgia Supreme Court later found there wasn’t enough evidence to set aside the ruling.

Ms. Weeks said the case began to turn in the ex-husband’s favor in September, when a judge reduced child support payments and ordered joint custody. At the time, Mr. Edge hadn’t seen his children in more than 1½ years because his ex-wife refused to let him visit, the lawyer said.

Mr. Edge was stymied again by his ex-wife, who moved to Arizona shortly after the judge’s order, saying she was getting a job transfer. He saw his children only three or four times via video phone calls, Ms. Weeks added.

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