The Utah Court of Appeals refused to kick out the case against Trevor Merrill and Echo Nielsen, both 28, whose son Kayson Merill died in 2006.
Three-month-old Kayson was lying between his parents in their bed at their South Jordan home when he suffocated to death.
When his parents, whose 24-day-old daughter had also died while sleeping with them in 2003, awoke, Kayson was not breathing.
Just one day before the death, a doctor had warned Nielsen against sharing the bed with her baby.
A state examiner listed the cause of death as ‘undetermined’, citing a low birth weight in his report. Defense attorneys argued there was not enough certainty to charge the parents, the Salt Lake Tribune reported.
But judges disagreed, saying there was evidence that 'co-sleeping' led to the baby's suffocation. Read More