Tracey Taylor
By Ken Norman

This was not a case of presumed shaking or suffocation but of presumed over-dosing with depressants; here too the jury was induced to convict with very little evidence, and did so in a mere half-hour.

“Wicked mother gets five years for killing boy with overdose,” reported the Independent. “A mother who poisoned her young son by giving him a lethal dose of anti-depressants was jailed for five years for manslaughter. A jury at Northampton Crown Court took half-an-hour to convict Tracey Taylor, 24, of March, Cambridgeshire of killing Ryan Hudson 4. His behaviour had tormented her.”

Taylor, who was found not guilty of murder, had denied from the outset that she had given her son Dothiepin, a drug she had been prescribed the previous year to cope with a depressive illness. Ryan, who was described as ‘a very disturbed little boy,’ died at Hinchingbrooke Hospital, Huntingdon on 28 January last year (1998) after collapsing at school in the day. A toxicological examination revealed he had consumed between 10 and 20 tablets of Dothiepin.

Mr Justice Jowitt told her “it was a wicked thing to do,” and added, referring to the fact that she looked on as doctors at the hospital tried in vain to diagnose what had caused Ryan to collapse; “your wickedness was increased by the fact, that you failed to do that which was open to you, which might have saved his life.”

The court had been told that Ryan had serious behavioural problems which included kicking and biting adults and slapping his own face. He had also suffocated the family cat. Taylor was looking after her two children alone after splitting up with Ryan's father, Shawn Hudson, several months earlier. Peter Birts, for the defence, urged the judge to show mercy to a young mother who had acted out of character and lost her son. “This was a most uncharacteristic act and one which is very difficult to explain. The evidence is of an impeccable young mother in very difficult circumstances coping with two children for much of the time on her own, I ask for credit for the life she led before.”

The judge, told Taylor, “This was not a case in which there was some sudden, dramatic incidence, it is a case of drip, drip, drip which brought you finally to the end of your tether.”

Detective Inspector Dave Fleming of Cambridgeshire Police, said the police were satisfied with the verdict of manslaughter. “This has been a long, drawn-out inquiry and it is always satisfying to come to a conclusion that can be seen to be successful. Our main concern was that a four-and-a-half-year-old boy has had his life plucked away quite needlessly. It has been decided here today that somebody is responsible.”

Taylor's family insisted after the hearing that she was innocent and said they planned to launch a campaign to free her. One of their concerns is how could Tracey be supposed to possess the tablets? She had been prescribed 28 tablets but the bottle was left behind in a cupboard when she left Shawn Hudson in March 1997. The police found this bottle with 22 tablets still in it. So how could she have given the child an overdose of between 10 and 20 of them? These particular tablets were never in the house where Ryan spent the last months of his life.

Another problem is this: how can it be proven that the child did not find a bottle of tablets for himself either in or out of the home, or perhaps from a playmate? The mother's wickedness was increased, said the judge, because she failed to tell the doctors what tablets were killing Ryan . . . but did she know?

Tracey's twin sister, Theresa Taylor, has various statements which relate to the trial, but cannot obtain a full transcript for this would cost £30 an hour to prepare.

In a statement to the police Tracey said: “On Tuesday, 27th January,1998, I had appointments to attend to, so I left my children with Charlotte Burton and Johnny Beaney. When I left my children with Johnny Beaney I didn't know his past; that he was a person on serious drugs. I returned home in the evening at about 6 o'clock; Charlotte and Johnny left.

Shawn Hudson (Ryan's father) came round in the evening. Johnny returned to buy drugs off Shawn. I was in the kitchen cooking the children's tea. Johnny and Shawn were discussing drugs.

On Wednesday, 28th January, Ryan went down stairs first and then I followed with his sister. I did not see Ryan take any tablets. Ryan got his bike out. I put his bike outside on the doorstep then went inside to get the pram and his sister. I went back in the house to get something; the children were on the doorstep. The other time I left Ryan alone was when I was in the kitchen making his younger sister a bottle of warm milk. I then left home at 8:00 as I usually would. Ryan rode his bike to school; I took him to school; I arrived at 8:15; I put Ryan's bike in the bike shed; Ryan was out of sight as he had gone round the corner. I took him into school at 8:30.

I went into town to the post office and then did some shopping for Ryan's tea as he was having Adam, (a friend) round. I then went into Blockbusters video shop and hired them a video. I then started to walk home when Mr Hudson picked me up, (presumably he had been told by the head of Burrowmoor School that Ryan had been taken to hospital). I then went, to his mum's, dropped off my daughter and shopping, and then went straight through to Wisbech hospital where on arrival we were told he was not there; we then went on to the hospital he was at. We were told by a nurse that Ryan would come round. In the afternoon we went to a shop and got him some things; we rang Shawn’s mum and asked her to bring some clothes for Ryan; it was only in the afternoon that doctors told us Ryan was very poorly. In the evening a doctor came, and spoke to us and asked us for some more history on Ryan. He died at about 7.30 pm.

We then went into a room with a doctor who told us Ryan was to have a post-mortem. Mr Hudson point-blank refused to let Ryan have a post-mortem. I told Shawn that he had to have one to find out what he had died of. But Shawn Hudson still tried to refuse. We then went home. I did not know I was a suspect until I was arrested I was questioned at full length. I answered all questions that were put to me by police, I tried to help in every way I could.

My sister informed DI Fleming of Shawn Hudson’s use of drugs; he said it was not relevant to this case, but I think that it is as Ryan died of a drug. Shawn Hudson and Johnny Beaney have never been questioned by the police; they have both had Dothiepan. John gave evidence this week that he was still on it the day before Ryan died.

On October 5th, 1998, I was arrested and charged; it was read out at Peterborough Magistrates' Court that Mr Hudson had threatened to kill me. The police never arrested Shawn, a complaint was made to Huntington Police Station. My mum had a visit from an inspector; he told her that DI Fleming denied any knowledge of it, so mum told them to go to the court; so he did. When he came back he said it was read out but DI Fleming still denied any knowledge of it; there were enough witnesses in the public gallery that day.

Then the inspector sent my mum a letter saying they had had it too long so nothing can be done about it, I asked my solicitor and he informed me there's no limit on a death threat or when someone can be arrested. So why is DI Fleming so biased? I have helped the police as much as I could to do with Ryan's death; at the end of the day no-one knows what Mr Hudson and Johnny Beaney were doing on the night before Ryan died, so they also should have been questioned as both also had the drug Ryan died of.

If I had known Ryan had taken anything he would not have gone to school, I would have rung for the ambulance and he would still be alive today; but I did not know as I never saw him take anything.

Here are extracts from the sworn evidence of Charlotte Burton, who baby-sat Ryan on the evening before his death, as she was questioned by Mr Horrocks during Tracey's trial:
Q: I think we see that you are or were the partner of John Beaney? Yes.
Q: Do you regard that relationship now as over? Yes.
Q: I think it is right that you saw Ryan on the day before he died? Yes.
Q: How did he seem to you? He seemed fine. He seemed how he always was; Ryan was Ryan, you know.
Q: You and Mr Beaney, I think, were helping out with the family, looking after Ryan and Shannon, is that right? Yes.
Q: Have you personally ever possessed Dothiepin, a drug for anti-depression? No I have not.
Q: Have you been aware of it in your home? Yes. . . John used to take them because he used to get depressed all the time.
Q: Where did he keep it? I don't know. He used to keep it in different places. I never really knew where they was.
Q: Were you ever aware of him giving Dothiepin to any other person? No I wasn't.
Q: Do you remember seeing any in the home on the day before Ryan's death, or the day immediately preceding that? No, because I never knew where he put them. I didn't know he had taken them until after he took them.
Q: Did you see any bottles (in Traceys home) at any stage in January 1998 lying around that might have been Dothiepin bottles? No.

She was then cross-examined by Miss Parker, defence:
Q: Is it right that Johnny used to take drugs for fun as well as drugs that were prescribed to him? Sometimes.
Q: Cannabis? Yes.
Q: Bought it from Shawn? Sometimes.
Q: Do you know over what period Johnny was prescribed Dothiepin? He was on them for a few months.
Q: Did he keep them in his pocket sometimes? It depended on how he was feeling.
Q: Do you know if he sometimes took more than one on any individual day because he was feeling low? Sometimes.

Johnny Beaney was questioned by Mr Horrocks and here is a summary of his replies:
Q: Is it right that at the moment you are being held in custody? Yes.
Q: What is it in connection with? Burglary, I am awaiting sentencing tomorrow.
Q: Have you ever had in your possession or at home a drug called Dothiepin? Yes.
Q: Did you have that drug at home on the day that Ryan became ill and died? Yes.
Q: Did you do anything which might have caused Ryan's death? No.

Mr Justice Kirkwood asked: Can you remember what your Dothiepin tablets looked like? They were in a strip.

Miss Parker then cross-examined.
Q: I think in addition to taking Dothiepin on prescription you also, from time to time, use non-prescribed drugs? No.
Q: You knew that the father of Ryan, Shawn Hudson, was also involved in taking non-prescribed drugs from time to time? I don't know.
Q: You went round to Tracey's house on the morning of the 27th? Yes.
Q: You also took Ryan to the park in the afternoon? Yes.
Q: You visited Tracey in her home? Yes.
Q: Do you remember you went upstairs with Ryan to his bedroom? No.
Q: And there was some incident when he threw a skateboard at you? No.
Q: But you agree you were round there that mornng? Yes. Ell, I'm' not sure, I'm not sure if I was there or not, I’m not 100 percent sure if I was there or not.
Q: Did you leave any tablets at Tracey's house? No.
Q: Did you give any tablets to Ryan? No.
Q: Do you remember saying something to this effect (in February), that if you had given Ryan anything you would get away with it because you would not be considered to be in a fit state? No, no, no.

Mr Justice Kirkwood:
Q: You may or may not have gone round to Tracey’s in the morning of the 27th, the day before Ryan died, you cannot remember. You certainly knew you and Charlotte helped out with Ryan in the afternoon? Yes.
Q: You took him to the park? Yes.
Q: Where he had a nice time? Yes.
Q: Then you took him to Charlotte's mother's? Yes.
Q: Then you took Ryan and Shannon back to Tracey's house? Yes.

Shawn Hudson, Ryan's dad, was Tracey's boy-friend for seven years and four months. After Ryan died Shawn took on another boy that was not his, and conceived a daughter. Here is part of his sworn envidence, when questioned by Miss Butler.

Q: You said in your statement to the police that Charlotte Burton came (to Tracey's house on February 27), you told your legal representatives that you thought she might have come but you were not sure? Yes.
Q: Do you now accept her evidence that she did not go round? Yes.

Referring to an emergency hearing concerning an Emergency Protection Order on Shannon Miss Butler told the judge that in the case made by the local authority they said the father was never prescribed Dothiepin. He clearly was and we have put that in the record for the Court.

Mr Horrocks agreed and said he would withdraw that part of the summary.

It was agreed that in April 1994, Shawn was prescribed seven tablets and these were repeated until June 3rd, 1994. Then his GP prescribed 28 tablets and on June 28th there were more. Shawn said he had not possessed any tablets since September lst, 1994. Asked whether it followed that there were none in the house in which he was then living, there was no audible reply.

Miss Butler:
Q: When you and Tracey were living together if you were on any medication where did you keep it? In the kitchen. I weren't allowed to have a lot because of the overdoses I had taken.
Q: Whereabouts in the kitchen were they kept? There were five wall units and the middle one, where the plates were, on the top shelf.
Q: Could Ryan have got to them? Only if he had climbed on the worktop.

Replying to a series of questions he said that when Tracey moved out she left a few items including a brown bottle of tablets on the floor of a cupboard. He had not looked to see what they were. He went on to describe a visit to his solicitor after Tracey’s arrest and said he had been advised to look in the cupboards, where he found the brown bottle and later handed it to the police. It contained tablets prescribed for Tracey on January 17th, 1997.

At one time during the trial Mr Justice Kirkwood told the barristers; “I hope it is appreciated at the Bar that this case has to finish, including judgement, this week” (Justice by clockwork!)

It would seem that the police and prosecution Service must have had sleepless nights worrying about who to charge for there are as many red herrings here as in an Agatha Christie novel and, as in crime fiction, the least likely suspect was chosen. Was it because Tracey would present the softest target and it has become fashionable in recent months to suspect the child-minder or mother when an infant dies mysteriously?

There has been no explanation as to how Tracey obtained the tablets, for 28 were prescribed and 22 remained in the bottle, six presumably being taken. Ryan was overdosed by between ten and 20 tablets according to medical evidence.

The most likely of explanations is that the child came across some tablets put away in a cupboard somewhere and swallowed them as sweets. But the law requires a perpetrator, and when one person is declared responsible for the death of an infant, jurors want to convict.

Would you have found Tracey guilty on the evidence which could be assembled here and the unsubstantiated suggestion that Ryan had tormented her? Or like Portia do you think she was made the scape-goat?

 

 

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