Jerry Allegood, Staff Writer
JACKSONVILLE -
Sniffling and choking back tears, Carolyn Futrell denied Monday that she forced her 7-year-old niece to drink lethal insecticide from a water bottle.
Futrell, 37, testified in her own defense as her trial on a charge of first-degree murder began its second week. She is charged with killing Kayla Allen, 7, who died in August 2003 after drinking a powerful insecticide found in a plastic water bottle.
"I did not see the water bottle that day," Futrell said under questioning by a prosecutor.
Throughout the case, prosecutors have argued that Futrell forced the child to drink the poisonous liquid, but defense attorneys contend Kayla's death was a terrible accident.
The two sides are scheduled to present final arguments today, and the case could then go to a jury in Onslow County Superior Court. The jury will determine whether she is guilty of premeditated murder, which would carry a maximum sentence of life in prison, or not guilty.
Futrell, who was Kayla's legal guardian, testified that she and her former husband began taking care of Kayla when she was 18 months old because the child's mother could not care for her.
Futrell testified that she did the kinds of things a mother does for a little girl -- getting her ready for school, combing her hair, and taking care of her when she was sick. She said she hired an attorney to have the biological mother's rights terminated in order to adopt Kayla.
"It was like having another child," said Futrell, the mother of two boys. "It was great."
Futrell, a diminutive woman who speaks with a high childlike voice, was tearful when she described family activities and photos of Kayla at Halloween and Christmas. Her voice faltered and she dabbed at her eyes when she described the Sunday morning Kayla died.
Futrell said Kayla had complained of feeling stuffy, so she gave the child cold medicine. She said Kayla asked whether she could get a water bottle and take it to her room.
Futrell said she heard water running but did not see Kayla's water bottle. Futrell said she checked on Kayla after taking a shower and found the child unresponsive on her bed.
"I rolled her over, saw vomit on her pillow .... At that point, I freaked out," she testified.
Defense attorney Richard Miller asked Futrell whether she would ever hurt Kayla.
"No, I wouldn't have," Futrell replied.
During a 45-minute cross examination, District Attorney Ernie Lee pressed Futrell about her actions the morning Kayla died. Futrell said that when emergency personnel left her home, she thought Kayla would survive.
"This was a tragedy," she said. "I just lost a child."
She testified that during the summer of 2003 she placed the bottle under a sink. Investigators testified that a bottle found on Kayla's bed contained insecticide with the ingredient Permethrin.
Before ending the defense case, Miller asked her to identify a yellow nightshirt that Kayla had been wearing when she died. Futrell wiped her face with it as she stepped down from the witness stand.