This article was updated at 1:48 p.m.
The parents of a two-year-old who was taken to a Vienna hospital with heroin poisoning on January 21, 2024 and only survived thanks to rapid intensive medical help were acquitted at the regional court on Wednesday of the charge of torturing or neglecting an underage person (§ 92 StGB). . While the acquittal for the mother was to be expected, it came as a surprise for the father as he pleaded guilty during the trial.
“I am obliged to check a confession,” said the judge in her reasons. In the present case, it was not possible to determine how the heroin got into the little girl’s body. It could not be clarified “whether it was almost certain that this happened the way it was accused of. I cannot determine with almost certainty that you committed gross neglect,” the judge stated. A “causal connection” between the drug use or the father’s behavior and the associated consequences for the daughter has not been proven.
Not yet legally binding
The judge remarked to the mother: “I was a bit surprised that you were accused. I don’t see any wrongdoing on your part. It became clear relatively quickly that this could only result in an acquittal.” The two acquittals are not legally binding. The public prosecutor initially made no statement.
She had accused her parents of grossly neglecting their duty of care by allowing the girl to have access to heroin in their apartment in Vienna-Favoriten. The poison entered the little one’s blood, causing heroin poisoning that led to a “deep comatose state,” as forensic pathologist Nikolaus Klupp explained. The girl was at level six on the seven-level Glasgow Coma Score (GSC) when she received emergency medical care in the hospital. The oxygen saturation in the blood was 60 percent. If the saturation level is below 80 percent, life is at risk. The child initially “deteriorated further” in the hospital, said Klupp. Only when the girl was given an antidote to morphine and opiates did her condition stabilize. “Without emergency medical measures, heroin-related respiratory arrest would have occurred and this would have led to the child’s death,” emphasized the coroner.
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Father used heroin
The 43-year-old father made a comprehensive confession during the trial. He was using heroin at the time, although his partner didn’t know anything about it. “It was stressful. Life is difficult,” he explained about his drug use. He had the heroin with him in a plastic bag in his trouser pocket and must have “lost” some of it in the apartment: “I’m very sorry. It was the worst thing that happened in my life.” Some heroin fell out of his pocket and his daughter must have put it in her mouth, he assumed.
The girl’s mother, who was a year younger, pleaded “not guilty.” She had no idea that her partner was addicted to drugs: “I didn’t know anything. We never talked about drugs. It wasn’t even an issue for us.” She and her daughter had a “very good relationship” with her father: “She loved him.” She has now separated from the man and there is only contact by telephone.
On the morning of January 21, 2024, the 42-year-old noticed that her daughter was unusually quiet and seemed sleepy. When the little one’s head fell forward, the woman called emergency services. The two-year-old was quickly taken to the hospital, which saved her life, as the judge agreed with the mother: “If you hadn’t called the doctors, she wouldn’t be there anymore.”
It is unclear how the poison got into the child’s body
The toxicological expert Günter Paul Gmeiner was unable to clarify how the poison got into the two-year-old’s body. Transmission through cuddling and caressing – the father explained that he always took the heroin out of the plastic bag and sniffed it – cannot be completely ruled out if the man did not wash his hands after consuming heroin. “Very small amounts” were found on a ceiling in the apartment, “which were not visible to the naked eye,” said Gmeiner.
The day before, several of the father’s acquaintances had been in the apartment that the parents had just moved into and had helped him move. This was important when it came to the judicial determination of the truth, as there may have been drug users among these men who may have had something slipping out of their pockets.
Girls are doing well now
What is certain is that the two-year-old came into contact with the heroin ten to 15 minutes before the first symptoms appeared and may have taken a small amount orally. This would have corresponded to “a pinch of salt” or “five to ten percent of a Tic Tac candy,” the toxicologist explained the magnitude.
The girl has recovered from the incident and is now back in good health. After the MA 11 initially wanted to place the girl with foster parents, after a thorough examination it turned out “that she is best cared for with her own mother,” explained her defense attorney. The 42-year-old was therefore awarded sole custody rights.
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Good mother despite the circumstances, and the authorities recognized that the bond between her and her daughter was strong enough for her to continue caring for her. The outcome of the case underscores the complex issues surrounding parental drug use and its impact on children, highlighting the need for ongoing support and monitoring for families in similar situations.
In light of this incident, the introduction of naloxone nasal sprays for police officers responding to potential overdoses is increasingly critical. This measure aims to equip law enforcement with the tools necessary to effectively address drug-related emergencies, especially as fentanyl and other opioids continue to pose serious public health threats. The police’s proactive approach reflects a broader commitment to community safety and health.
while this particular case ended with positive outcomes for the child, it serves as a sobering reminder of the risks associated with drug use and the importance of preventative measures and support systems for families dealing with addiction.
