Pennsylvania prosecutor to seek death for couple in toddler's murder

By Elizabeth Daley PITTSBURGH (Reuters) - Prosecutors intend to seek the death penalty for a Pennsylvania mother and her boyfriend accused of beating her 3-year-old son to death, a spokeswoman for the Chester County District Attorney said on Friday in announcing a formal arraignment for the couple on Dec. 31. Jillian Tait, 31, and Gary Fellenbaum, 22, and of West Cain Township, located about 50 miles west of Philadelphia, are accused of beating Tait's son to death in November and failing to seek medical attention for the boy after three days of severe abuse left him unresponsive and covered with vomit. Both defendants waived their rights to preliminary hearing on Thursday, said Barbara Billela, the district attorney's spokeswoman. The criminal complaint describes a horrific sequence of abuse inflicted on the toddler, Scott McMillan. Tait told police that she and Fellenbaum had beaten her son with a frying pan and metal window rod in the days leading up to his death, and Fellenbaum admitted to punching the boy. The couple force fed Scott when he refused to eat and Fellenbaum threw Scott into a wall repeatedly, according to the complaint. On Nov. 4, the day Scott died, Fellenbaum punched the boy so hard he fell out of his chair. Fellenbaum then taped the toddler to the chair with electrical tape and beat him until he vomited, Tait told police. Fellenbaum said Tait also allowed her older son, Ryan McMillan, 6, to beat Scott that day, according to the complaint. When Scott became completely unresponsive from the beatings, the pair took him to his bed, an air mattress on the floor, Tait told police. As he lay there unresponsive, they went about their lives, having sex, going shopping and eating pizza. At 7:30 p.m., Amber Fellenbaum, Gary Fellenbaum's ex-wife, who lived with the pair, called 911. She is being charged with endangering the welfare of children and reckless endangerment, for knowing about the abuse the McMillan boys faced and failing to report it earlier, according to court documents. The two McMillan children had endured repeated violence including being hung from their feet and beaten, the complaint said. Fellenbaum's 11-month-old daughter, Summer Fellenbaum, also lived in the house. Brenda Jones, Tait's court-appointed lawyer, described the case as one of the most serious she has handled. "This type of murder with the allegations is exceptional," Jones said. "She's entitled to due process, even though the facts according to the commonwealth don't look good." All three defendants are in the Chester County Prison where they will remain until their arraignment on Dec. 31, Jones said. Tait and Gary Fellenbaum are being held without bail, while Amber Fellenbaum remains incarcerated because she cannot afford to post bail, Jones said. (Editing by Frank McGurty and Leslie Adler)