Judge Evaluating Mental State of Mom Charged in Drowning Death

Attorneys seeking to suppress statements made to police by Melissa Gutierrez the day her son died told the court on Monday that their client suffers from a medical condition, which they say affected her thinking when she made the decision to speak to police that day in August 2011, according to an article on NashuaTelegraph.com.

Gutierrez, 27, is facing a trial for negligent homicide in , who drowned in the bathtub at Gutierrez's 46 Wilson Hill Road home about a year and a half ago. The baby was found unresponsive in the tub by Gutierrez, who police say left him up there unsupervised for an extended period of time with his 2-year-old brother who was bathing with him.

On Monday, attorneys for Gutierrez painted a picture of a life fraught with pain and emotional distress caused in part by the death of her father following a fight she had with him and the death of a partner who suffered a heart attack died in her arms. She also struggled at one point in her life with a crack cocaine addiction, was gang raped and at one point turned to prostitution, Dr. Albert Drukteinis, a forensics psychiatrist, told the court.

Druktenis described Gutierrez as suffering from acute stress disorder and said a confused memory brought on by this disorder muddled her understanding of the consequences of what could happen if she spoke with police about the events of the morning her son died. Her attorneys say this is reason to toss the statements from evidence in a trial expected to be held this summer.

Judge Diane Nicolosi took the case under advisement and will later issue a written decision on the matter.

Read the full story on NashuaTelegraph.com.

Gutierrez, who was originally out on bail following Ntapalis' death, has been living in jail since October when Nicolosi remanded her into custody following  series of unrelated arrests in 2012.

Gutierrez was arrested twice in Manchester in September, the first time on Sept. 14 on a charge of theft by unauthorized taking and the second on Sept. 28 for driving after suspension, a second offense.

Gutierrez was placed on house arrest by Nicolosi after she was arrested in April for theft and possession of a controlled drug. She was arrested in Salem for shoplifting from Lord & Taylor at the Mall at Rockingham Park.

“Let me not have you leave this court without understanding that you cannot do this again,” Nicolosi told Gutierrez during the April 30 hearing.

On Oct. 5, Nicolosi said Gutierrez is a danger to the community and ordered her to return to jail.