- Associated Press - Sunday, July 6, 2014

WEST POINT, Miss. (AP) - A Clay County judge has denied bond for a 24-year-old woman accused of giving her baby a fatal dose of codeine cough syrup.

Brittania Smith, of West Point, is charged with capital murder of 2-month-old Brinston Smith.

Attorney Jim Waide said he asked for bond because Smith was scheduled to see a Jackson doctor about back pain. The sheriff’s office is arranging for her to see a local doctor, he told The Associated Press on Sunday.

Judge Lee Howard cannot set bond because another judge will consider July 16 whether to revoke Smith’s probation on a state forgery charge, The Daily Times Leader reported (https://bit.ly/1vKH8lx ).

Smith was arrested in April after an autopsy found that Brinston died from an overdose of codeine given in prescription cough syrup. Authorities have not said whose prescription it was.

Waide wants a Sept. 22 trial date if other judges will delay unrelated trials scheduled that day.

While capital murder trials are generally not presented so soon after an arrest, Waide said it’s necessary in Smith’s case.

“It’s important because jail conditions are very difficult on her,” he told The Commercial Dispatch (https://bit.ly/1oavKeD). “She has physical problems and she has her other two children in the custody of their fathers. Although the sheriff is doing everything he can to give her the medical treatment she needs, jail is very hard on her.”

Waide said Sunday that he cannot talk about the merits of the case.

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