Mother who drowned girl sent to Modesto facility for evaluation

Two years after a Stanislaus County judge ordered Jennifer Lynn Bigham released from jail, she was back in custody Tuesday. But she could be released again before the end of the week, depending on a mental health evaluation.

Bigham drowned her 3-year-old daughter, Alexandrea, in a bathtub. The court ruled that Bigham was not guilty of murder and child abuse by reason of insanity.

In January 2013, Superior Court Judge Thomas Zeff ordered jail officials to release Bigham from custody because doctors said the woman no longer was insane.

In September, the state’s 5th District Court of Appeal reversed Zeff’s ruling and ordered Bigham to be placed in the custody of the Stanislaus County Sheriff’s Department so she can be transferred to a mental health facility to be evaluated.

Bigham, 28, appeared in court Tuesday morning with her attorney, Deputy Public Defender Marlon Simon. He argued that the appellate court’s decision clearly dictates that Bigham should be treated as a person with an involuntary civil commitment.

That means Bigham should be sent to Behavioral Health and Recovery Services Center in Modesto, where she can be evaluated. Unless she exhibits signs of mental illness, the facility can hold her for only 72 hours. The doctors also could decide to release her before then if they determine Bigham is mentally fit and does not present a danger to herself or others.

Deputy District Attorney Elaine Casillas argued against the defense’s request. The prosecutor asked the judge to send Bigham to a state hospital, where doctors would have up to 14 days to conduct a mental health evaluation.

“Ms. Bigham has never been fully evaluated at a hospital,” Casillas told the judge. “She was in custody at the jail until she pleaded not guilty by reason of insanity.”

The prosecutor argued that a state hospital would be more qualified to determine what led to Bigham’s severe mental illness when she killed her daughter and whether Bigham ever could suffer a similar mental episode in the future.

Casillas in court started to refer to the manner of Alexandrea’s death, but the judge cut her off. “That ship has sailed. … That is no longer relevant as to who the victim was or what happened to her. This is not a sentencing hearing,” Zeff told the prosecutor.

The drowning occurred about 5:50 p.m. Jan. 14, 2010, at a home in the 400 block of Thrush Drive in Patterson. Bigham – then a Castro Valley resident – and her daughter were visiting relatives.

The prosecutor has said in court that two relatives also were home at the time. They realized Bigham and her daughter were inside a locked master bedroom.

After hearing splashing and the child screaming, the relatives saw Bigham leave the bedroom and grab a steak knife from the kitchen. Bigham stabbed herself in the chest with the knife.

The relatives found the little girl in the bathtub. Authorities tried to resuscitate Alexandrea, but she died at a Modesto hospital about four hours later.

The judge said the focus of Tuesday’s hearing was to carry out the appellate court’s order, which specifically stated that Bigham be treated like any other person with an involuntary civil commitment at a local facility. Zeff asked if there was any evidence to prove local officials couldn’t provide the same kind of mental health evaluation as state doctors. There was none presented.

The judge granted the defense’s request and ordered Bigham to be evaluated immediately at the facility in east Modesto. Bigham would not be returned to jail, the judge said; she would be driven by sheriff’s deputies to the local medical facility.

Local officials could hold Bigham for up to 44 days if she exhibits signs of mental illness.

Zeff scheduled the attorneys and Bigham to return to court Friday, when local officials are asked to provide a report on the mental health evaluation. The judge could grant them more time to produce the report, if needed.

This story was originally published January 6, 2015 at 4:21 PM with the headline "Mother who drowned girl sent to Modesto facility for evaluation."