ORCHARD PARK, N.Y. -- 36-year-old Kimberly Lawton charged with felony assault for allegedly tampering with her child's breast milk, walked with her head down into her felony hearing Tuesday.
Lawton did not say anything to us regarding the accusations. When Lawton was awaiting the hearing she kept her face turned away from the crowd.
The young infant's biological father testified who had contacted Orchard Park Police with concerns before. Because of suspicion, the father says on a day he went to pick up his son from Lawtons house a detective was doing surveillance and was parked a block away.
The father explained at the stand that Lawton handed over the baby -- went back into the house -- then came out with the infants milk in a cooler. He goes on to explain the mother then handed the infant milk to him and one of his employees who were in the SUV. The father testified that they then drove the milk to the detective in an unmarked car.
Lab results confirmed there was a poisonous substance in the infant's milk.
"At this point those reports show certain things, but today there was no testimony from any type of professional or to explore more to what those reports actually show," Attorney Joseph Argo said.
Argo points out there's not enough evidence of "intent." considering no one watched Lawton prepare the bottles.
"She's got no prior record --- so we'll see," Argo said. "There's a lot more investigating to be done on this case there's a legal battle going on regarding the young child."
The judge ruled during hearing that Lawton will be held for a grand jury on a felony.