New York – In a heartbreaking case from upstate New York, a 36-year-old mother, A. Bertino, is facing severe legal repercussions following the tragic death of her 12-year-old daughter, M. Smith. Bertino has been arrested and charged with second-degree homicide due to medical neglect. The recent court proceedings on Thursday brought to light the neglect that ultimately led to Smith’s death from diabetic ketoacidosis—a condition that could have been easily prevented with proper treatment.
Smith was found deceased in their home, and at first, the cause of death was unclear. However, a coroner later determined that Smith died from diabetic ketoacidosis—a serious condition that arises when diabetes is not managed properly. The medical examiner’s office ruled Smith’s death a homicide due to medical neglect. After several months of investigation by the District Attorney’s Office, Bertino was taken into custody.
During the preliminary hearing, witnesses provided a disturbing account of Smith’s life under Bertino’s care. Colleen, a school bus driver, recalled Smith’s deteriorating health over time, noting how Smith and her siblings often appeared unkempt and were usually dressed inappropriately for the weather, struggling with basic hygiene. Colleen also mentioned her concerns as a mandated reporter—required by law to report any signs of abuse or neglect—when Smith frequently complained of excessive thirst and fatigue. Just two weeks before Smith’s death, Colleen was told by Smith’s siblings that the girl was “really sick” and “couldn’t get out of bed.” During that time, Smith attended school only once or twice at most.
A. Bartell, Dean of Students at the school, and J. Meyer, Bertino’s neighbor, also gave distressing testimonies. Bartell pointed out Bertino’s reluctance to seek medical attention for Smith, even for something as basic as a doctor’s note excusing her from gym class. Meyer’s testimony was particularly distressing, as he described how on the day of Smith’s death, her brother, distressed and desperate, attempted to care for Smith himself, saying that their mother refused to call 911 and dismissed Smith’s condition, insisting she was just being dramatic.
Dr. M. Faulk, the county’s chief medical examiner, emphasized that Smith’s diabetes symptoms would have been clear for weeks, if not months. He argued that any competent medical professional should have diagnosed Smith’s condition promptly. Reports show that Bertino had scheduled an appointment for Smith, but J. Post, an employee at the hospital, testified that the visit never actually occurred. Post recalled that Bertino mentioned Smith was vomiting but did not convey any indication of a serious issue. Bertino had also been instructed to take Smith to the hospital if her symptoms worsened.
The case has had a profound impact on the community, raising serious questions about child protection and oversight. The tragic circumstances of Smith’s death led authorities to temporarily remove her siblings from the home. However, there are concerns about whether they will be able to return safely.
District Attorney J. Schmidt expressed frustration over the systemic failures that allowed Smith’s situation to go unnoticed despite multiple reports from concerned individuals. He stressed the importance of a comprehensive review of the circumstances surrounding the girl’s death. Bertino faces serious charges that could result in significant prison time if convicted. The court will examine whether Bertino’s actions—or lack of appropriate actions—directly contributed to her daughter’s death.
The preliminary hearing will continue with additional testimonies expected. The community and the nation are closely watching as the court investigates further, seeking justice for Smith and measures to prevent similar tragedies in the future. Bertino’s case not only sheds light on the devastating consequences of parental neglect but also calls for a thorough evaluation of the existing mechanisms to protect vulnerable children.
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