Attorney: Mom unaware daughter is dead
An attorney for a 37year-old Magnolia mother accused of killing her 5year-old daughter at a Tomball park said his client’s mental illness is so severe she is unaware the child is dead.
James Stafford, one of two court-appointed Houston-based attorneys for Melissa Ann Towne, said the woman has asked about her daughter while in jail but is unaware she is dead.
“I’m not sure she has an appreciation that the child is dead; that is how sick she is at the moment,” Stafford said Wednesday.
Towne has been charged with capital murder in the death of Chanel Bradshaw Towne. According to court records from the Harris County District Clerk’s office, Towne is accused of strangling her child and using a plastic bag to also cut off her breathing while the two were at Spring Creek Park.
The Harris County Institute of Forensic Sciences has not determined a cause or manner for the death, according to information on its website.
Casey Garrett was also appointed to defend Towne. Private investigator Carey Garner and psychologist Hilary Sherry have also been appointed to assist in Towne’s defense.
Stafford described the case as sad.
“It is obvious she is suffering from some major psychotic disorder. We know she has been diagnosed with schizophrenia,” he said. “She told police she felt like her child was evil and had spirits coming out of her legs. Very abnormal and distorted thinking.”
Towne remains in Harris County Jail on a $15 million bail. Towne’s next court date is Dec. 15.
Stafford said Towne had not been taking her medications for her disorder on the day the girl died.
“From talking to her family, it is adding up that she was not on her meds,” Stafford said.
In 2018, a Montgomery County judge found Towne had a history of family violence and awarded custody of the child, who was known to family as Nichole, to her father, according to district court documents.
Towne was granted supervised visitation rights initially before being allowed to keep the child overnight, the documents state. Towne was also ordered to pay $200 a month in child support to the girl’s father.
Relatives have not responded to requests for comment.
Police have said Towne had experienced homelessness in the past. She last worked as a server — a job she held for a week, according to court records.
While Stafford did not minimize the seriousness of the crime, he placed some blame on society.
“I think society is at fault in a lot of ways,” Stafford said. “We dump our mentally ill people out on the street and will not create laws or facilities to house these people. It’s not against the law to be mentally ill, it’s only against the law when the mentally ill do something horrible then they want the mentally ill person to pay the price.”
Stafford said Towne will undergo a psychological evaluation and it has not been determined if Towne will be able to stand trial.
“We will just have to take that day by day in my opinion,” Stafford said. “Right now, she is still very fragile mentally, and she probably always will be. It’s going to be a battle of experts.”