Woman charged with murder wants court to recuse Kenton County's top prosecutor

A woman charged with murder in connection with the death of her 2-year-old son is seeking to have a special prosecutor appointed to handle her case, according to documents filed in Kenton County Circuit Court.

Lauren Ashley Baker, 35, of Ludlow, Kentucky, says Kenton County Commonwealth's Attorney Rob Sanders led the questioning during a roughly two-hour interrogation at the Ludlow Police Department in March 2021, court records show.

In court documents, Baker's attorney said Sanders, the county's top prosecutor, is playing the roles of material witness and prosecuting attorney in the case, a violation of Baker's constitutional rights.

"Mr. Sanders is not only an observer of the interview or a silent participant; he is the lead interrogator and a material witness to that interrogation," Baker's attorney wrote in a court filing last week, adding he inserted himself in the case before a decision was made to file charges.

Sanders also led a one-hour interrogation of a person identified as a witness in the case, court records show. Det. Jason Compton with Ludlow police was present for the entirety of both interrogations.

Baker says Sanders secured Miranda waivers and encouraged her to submit to a blood draw after the interrogation.

"A prosecutor and law enforcement officer have different roles and different functions in the criminal justice system," the document reads. "If Mr. Sanders chooses to interrogate the suspects, he must be prohibited from trying the case as Commonwealth Attorney."

Allowing Sanders to serve as both material witness and prosecutor lends greater credibility to the commonwealth's interrogation and investigation, Baker's attorney said in the document.

Court records show Baker is asking the court to disqualify Sanders from the case and appoint a special prosecutor.

"There is no legal basis for removing me as prosecutor," Sanders said in an email to The Enquirer. He declined to comment further citing ethical restrictions against pre-trial comments by prosecutors.

In court filings, prosecutors argued Sanders isn't a necessary witness, adding that Compton can answer any questions about the interrogations that may arise at trial.

There are full recordings of both interviews, which prosecutors intend to play for the jury, according to the court filings.

Prosecutors are asking the court to overrule Baker's motion to disqualify Sanders from the trial.

Prosecutors: 2-year-old had twice accessed mother's drug paraphernalia

Baker is facing charges of murder, importing fentanyl and trafficking in a controlled substance, court records show.

Prosecutors say Baker's 2-year-old son, Jaxson, died after consuming fentanyl he found in his mother's purse. It was the second time Jaxson had accessed her drug paraphernalia.

Baker told Ludlow police that she used money from her federal stimulus check to purchase the drug.

She traveled on March 13, 2021 to Over-the-Rhine and returned to Northern Kentucky, giving quantities of the drug to two other people in Ludlow, according to a police report.

She said she "took a shot" of fentanyl prior to taking a nap with Jaxson, the report states. When she woke up the contents of her purse were scattered and Jaxson was not breathing.

He was transported to Cincinnati Children's Hospital Medical Center where he was later declared dead.

Shortly after her arrest, Sanders said the murder charge against Baker was warranted because even though 2-year-old boys are quite active, it's not hard to put something away where a child that small can't get to it.

A jury trial is scheduled to begin Sept. 13, court records show. The case is being heard before Circuit Judge Mary Molloy.

This article originally appeared on Cincinnati Enquirer: Woman charged with murder wants court to recuse county's top prosecutor