Renowned San Diego criminal defense attorney Marc S. Kohnen made headlines after successfully defending a local military wife against severe child endangerment charges (Penal Code 273a). The case, which captured widespread attention due to its tragic circumstances, resulted in probation for the defendant instead of the potential 14-year prison sentence she faced.
In July of the previous year, Valerie Carlson, a military wife and mother of four, fell asleep on her couch in a state of severe intoxication. During that time, the family’s black German shepherd tragically mauled her two-year-old son, Aaron, to death as her other three children witnessed the horrific scene. Carlson’s inability to act promptly after the attack led to charges of child endangerment causing death.
At the heart of this case was the devastating loss of a child and questions surrounding accountability, parenting, and mental health challenges.
During the court proceedings, Carlson tearfully admitted her failures as a mother. “I feel semi-responsible for not paying attention to the signs,” she said, acknowledging her struggles with depression and alcohol abuse.
Her parents also accepted partial blame, expressing regret for not intervening sooner. They urged the judge to consider their daughter’s mental health and her critical role in the lives of her surviving children.
Carlson’s husband, a military serviceman, was deployed at the time of the incident. In court, he pleaded for leniency, emphasizing the emotional toll separation from their mother would have on their other children. “Any time the kids have to spend apart from mom is really punishing them,” he stated.
The prosecution painted a stark picture of Carlson’s state during the tragedy. Witnesses testified that she was too inebriated to respond to her son’s fatal injuries. Even after neighbors tried to rouse her to call for help, she reportedly remained unresponsive.
Prosecutors argued for a nine-year prison sentence, insisting that Carlson’s negligence warranted significant time behind bars.
Attorney Marc S. Kohnen crafted a compelling defense, highlighting the complexities of the case, including Carlson’s mental health struggles, her role as a mother, and her family’s overwhelming support. Kohnen’s arguments resonated with the judge, who ultimately agreed that Carlson’s presence with her surviving children outweighed the need for prolonged incarceration.
The judge sentenced Carlson to five years of probation and one year in custody. However, with 313 days already served, she is expected to be released within weeks.
This case underscores the challenges families face when navigating mental health, substance abuse, and tragedy. Attorney Marc S. Kohnen’s defense not only provided his client with a second chance but also illuminated the critical need for compassion and understanding in the legal system.
For those seeking legal counsel in complex criminal cases, Marc S. Kohnen continues to be a trusted and effective advocate in San Diego, delivering results even in the most difficult circumstances.
For legal assistance or consultations, visit Marc S. Kohnen’s website or contact his office directly.