The pre-trial detention hearing of a Pekin woman accused of killing a 10-month-old infant will resume Thursday morning, after a judge heard arguments Tuesday afternoon related to whether the woman should remain in jail pending trial.
Makena Rhodes, 21, is charged with first-degree murder in the death of the infant. According to court documents, Rhodes was babysitting the child on June 26 when first-responders were called for an unresponsive infant.
The child was pronounced dead at an area hospital. The cause of death was ruled to be asphyxiation, with injuries consistent with pressure being applied to the child’s face, said authorities.
The decision on whether Rhodes should remain in jail was delayed Tuesday after it was determined Judge Derek Asbury should view a nearly two-hour video of Rhodes speaking with detectives.
Rhodes met with detectives two separate times. Court documents show that during the second interview, she said she was feeling overwhelmed and angry after the infant would not go to sleep. She said she placed a pacifier in the child’s mouth and held a “lovey” blanket over the infant's face until the child stopped resisting.
The public defender called into question this summary, saying it was not an accurate depiction of what Rhodes said in the interview. He said Rhodes agreed with a description given by the detective that she was overwhelmed and committed the act. But she did not admit herself to the feelings or to committing the act.
The state and the defense agreed the judge should view the full video of the interviews in order to properly determine if Rhodes should remain in custody.
Arguments were still made during Tuesday’s hearing, with the defense proposing a supervised release. Under the proposed conditions, Rhodes would be confined to her mother’s home with various family members supervising her. She would wear a GPS ankle monitor and would not be allowed near any minors under the age of 18, including her own infant child.
Family members including her brother, twin sister, mother and uncle testified that they would sign on as third-party custodians. Her grandmother also would be a third-party custodian, but could not be present in court.
They would be responsible for supervising her during her home confinement. If she broke the conditions of her release and they did not report her, they could face punishment themselves.
The defense also said it welcomed any additional conditions the judge would impose for her release.
The state protested the proposed arrangement, saying Rhodes presented a danger to other children and the general community. They cited the nature of the alleged crime and said Rhodes had “lost control” when it was committed.
They argued that family-members may not always be able to turn in defendant's when rules are broken. They also cited the presence of a second adult in the home when the alleged crime was committed as reason why Rhodes may not be deterred from breaking a rule under supervised release.
Court documents show the other person was not in the room when the alleged crime took place.
Under the Pretrial Fairness Act, judges consider factors such as whether a person is a danger to the community, or if they might not return for their court date when making the decision to release.
A ruling on the pre-trial release issue is set for 9 a.m. Thursday.
