AUSTIN (KXAN) – Meagan Work’s defense worked again today to have all her statements tossed from the record that she made while in custody the days leading up to the discovery of her son’s body, according to court testimony.
The court heard from a nurse who reviewed Work’s medical records from the months leading up to, and during, her time in custody.
Judge David Wahlberg has not yet made a decision on whether to strike or keep Work’s statements.
“The issues involved in the motion to suppress are complex,” said Judge Wahlberg, as he asked both sides to submit briefs and reconvene in October.
Work was nauseated, vomiting and had trouble eating during her 24-hour stay in Williamson County Jail, during which time she was questioned by several investigators about the whereabouts of her two-year-old son Colton Turner.
Asked why the defense is seeking to toss out all Work’s comments, attorney Darla Davis said: “We believe that what the police did violated [Work’s] constitutional rights.”
Work has been charged with tampering with evidence and injury to a child. Colton’s body was found in a shallow grave in Southeast Austin Sept. 12, 2014, just days after Work was taken into custody.
While in custody, Work told investigators at least three different stories regarding her son’s whereabouts, including that the child had been kidnapped and that she gave Colton away to a family at a Chic-Fil-A restaurant. Work’s boyfriend, Michael Turner, has also been charged with crimes related to Colton’s death.
The defense brought nurse Teva Carpenter to testify about Work’s physical condition leading up to, and during, her stay in Williamson County and Travis County jails last September. Work was taken into custody September 10, according to court records.
Carpenter said Work had elevated blood pressure, high heart rate, vomiting, nausea and high levels of ketones in her urine, which is an indicator of diabetes and lack of food intake, at times during her stay in jail and at University Medical Center Brackenridge, according to court testimony.
Carpenter said it could be possible that dehydration, vomiting and nausea could cause someone to be confused.
“If someone is nauseous for 18 hours…they are not going to carry on an intelligent conversation,” Carpenter said.
However, while being questioned by the prosecution, Carpenter didn’t clearly say Work would have been unable to make informed decisions and answer questions during her jail stay.
Following the hearing, Colton’s great-aunt Diane Battles said she hoped the judge would allow Work’s statements to stay on the record and be used during her trial.
“I hope and pray that the evidence stays and gets used against Meagan, and she pays for what she did,” Battles said. “Our thoughts are with Colton, not at all with Meagan.”
The pretrial will continue October 6.