DC Superior Court Judge Todd Edelman denied the defense’s request for an infanticide defendant to be released to home confinement, ordering she be transferred to a halfway house on May 6.
Christen Borden, 37, is charged with felony murder and first-degree cruelty to children for her alleged involvement in the death of her son, five-month-old Kenneth Walton, on Feb. 11, 2023 at the 4000 block of Massachusetts Avenue, NW. Walton died from multiple blunt force injuries to the head.
During the hearing, the prosecutor stated they opposed the defense’s motion for release, stating Borden was recently charged with a bail reform act charge, for allegedly willfully failing to appear in court and compliance violations during the release.
According to the prosecutor, the conditions set by the court have not deterred Borden in the past, and there are no conditions she will follow, which they argued was evident by more than a year of non-compliance by the defendant.
Megan Allburn, Borden’s attorney, stated Borden has been battling a severe addiction, has completed a 120-day in-person drug treatment program while at the Department of Corrections (DoC), and has experienced a moment of clarity.
Allburn argued Borden understands the gravity of an escape charge, should she fail to follow conditions of release, and is looking to be a productive person.
Allburn also stated Borden has lacked the discipline in the past to move forward, but her certificate of completion shows she has been, and can continue to be, successful.
Judge Edelman agreed to transfer Borden to a halfway house, while still in custody of the DoC. There, Borden will be required to be monitored by GPS, and must continue to undergo treatment and drug testing. “It is an extremely structured program,” according to Judge Edelman.
“This is not release, this is custody,” Judge Edelman stated. He argued the alleged crime is “horrific,” but it doesn’t show risk for anyone else in the community.
Parties are slated to reconvene June 5.
