Carlsbad woman facing child abuse charges requests evidence be thrown out before trial

Carlsbad woman facing child abuse charges requests evidence be thrown out before trial

CARLSBAD, N.M. (KRQE) – A Carlsbad woman facing charges over the death of her 14-year-old grandson is looking to have some evidence in her case thrown out after saying it was illegally seized. In 2021, 14-year-old Brett Sullivan was found in a Carlsbad shed unresponsive. Investigators determined he overdosed on fentanyl.


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They believe Kelli Smith and her daughter Alexis were selling the drug and were aware Sullivan was stealing from their stash. Kelli Smith is claiming investigators gathered evidence from their home without a search warrant. The state says pressing circumstances allowed officers to obtain evidence without a warrant.

The boy’s mother, Alexis, was sentenced to 14 years behind bars last year but she appealed that sentence. Kelli Smith’s original trial was scheduled for last year but a jury could not be seated at that time. She is now scheduled for a new trial on August 12.

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