The trial against the babysitter starts after the death of a child due to a drug overdose

Abigail Lobisch would have turned 6 on July 16 had she not died at the age of 7 months from an overdose of the antihistamine found in Benadryl.

Her babysitter, Dixie Denise Villa, a Navy woman who allegedly ran an unlicensed daycare out of her home on the Aliamanu Military Reservation, will go on trial this week on charges of manslaughter in the February 2019 death of baby Abigail. jury selection begins today. .

The jury trial for Judge Fa’auuga To’oto’o will draw a national audience as CourtTV will cover it alongside local media. Opening statements could begin as early as Wednesday.

The trial has been postponed several times over the years. In January 2020, Villa’s court-appointed attorney, Megan Kau, said she could not find an expert witness at the scene and asked for a delay. Villa waived the right to a speedy trial. The state also said it needed more time.

Kau also asked for a postponement of the March trial on a new expert witness.

Villa was arrested on July 20, 2019. When she was 40, she was charged with manslaughter on July 21, 2019, after police received the autopsy report showing that the 7-month-old child had 2,400 ng/ml of diphenhydramine (Benadryl) in her blood. court documents said.

“The mean blood diphenhydramine concentrations in fatal overdoses were 1,400 ng/mL in infants,” according to court documents.

In the autopsy report, a doctor said that children under the age of six should not be given diphenhydramine without consulting a doctor. “According to the over-the-counter label, when used for self-medication, diphenhydramine should not be used in children younger than 6 years of age to help a child sleep or with other diphenhydramine-containing products (including topical products).”

On the morning of February 23, Abigail’s mother, Anna Lobisch, left the baby and her 2-year-old son in Villa’s care in Villa’s hotel room at Aulani, a Disney Resort & Spa in Ko Olina.

Villa’s own two children and Lobisch’s children spent the day at the pool, according to court documents.

Anna Lobisch told police she received text updates with photos of her daughter from Villa throughout the day.

Villa left the hotel at approximately 5:30 PM and returned to her home at 4675 Ke St.

Villa told police she applied Bath & Body Works lotion to the children because they were burned, and took them to a bedroom to sleep around 10 p.m.

The next morning, Villa noticed that Abigail’s skin looked “blotchy” and “cold to the touch,” according to court documents. She called 911 and performed CPR.

Anna Lobisch said she texted Villa at 8:08 a.m. to confirm what time she would pick up the children. Villa responded, “Come now,” police said.

Kalei Vierra, a family friend of the Lobisches, claimed in a video on a “JusticeforAbi” Facebook page in July 2019 that the babysitter’s military spouse had been given a “cease and desist” ticket for running an unlicensed daycare center out of their Aliamanu Military Reserve House.

She also said a neighbor had filed complaints with authorities against the nanny for neglecting the children.

If Villa is convicted of manslaughter, he faces 20 years in prison for the Class A felony.

Due to the victim’s young age, Villa had faced a life sentence with parole, but the grand jury refused to consider her for the longer sentence.

Her bail was set at $1 million. But following the grand jury’s decision, Judge Shirley Kawamura lowered her bail to $500,000 on August 1, but Villa was still unable to post bail.

To’oto’o reduced Villa’s bail to $200,000 on November 6, 2019, as she had a fairly clean criminal record, and she was released on November 7, 2019, after posting $200,000 bail.

While out on bond, Villa was arrested on June 30 for stealing goods or merchandise worth more than $250 from The Navy Exchange.

She was released on July 1 after posting $200 bail. She was charged on July 26 with third-degree theft.

A Honolulu District Court judge ordered Villa to appear for a preliminary conference on November 22.

In May 2019, three months after Abigail’s death, Villa’s husband, Aaron Villa, filed for divorce.