Judge Denies Request to Ban Pregnant Murder Defendant from Using Marijuana, Alcohol

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DC Superior Court Judge Anthony Epstein denied a prosecution request to issue an order preventing a pregnant murder defendant from consuming alcohol or marijuana consumption in a July 19 hearing.

Christen Borden, 35, is charged with first-degree murder – felony murder and first-degree cruelty to children for her alleged involvement in the homicide of her five-month-old infant Kenneth Walton which occurred on Feb. 11, 2023 on the 4000 block of Massachusetts Avenue, NW.

According to court documents, despite all lifesaving efforts, Walton died on Feb. 16, 2023 at Georgetown University Hospital from injuries that were consistent with inflicted head trauma and had been suffering from non-accidental trauma.

During the proceeding parties met to discuss potential dates for Borden’s preliminary hearing, and prosecutors requested Judge Epstein order Borden to not consume marijuana or drink alcohol for the remainder of her pregnancy.

Prosecutors argued Borden admitted to using marijuana, and that she may have been under the influence of other drugs which could have contributed to Walton’s death.

“I’m not a doctor,” Judge Epstein said denying the request. He said any decision about what should be done for the health of her unborn child is a medical matter.

However, the judge granted the prosecutor’s request to drug test the defendant and ordered the Pretrial Services Agency (PSA) to submit a report within two weeks.

Prosecutors alerted both the court and Borden that the Child and Family Services Agency (CFSA) takes action when babies test positive for marijuana at birth.

According to court documents, Borden had been diagnosed with postpartum depression based on a short survey she took and a prior diagnosis of depression.

Borden stated in court documents that she had been under the care of a psychiatrist and had stopped taking prescribed medication before Walton was born.

Parties are slated to reconvene on Sept. 27 for a preliminary hearing.