Nicole Diggs, a special education teacher accused of killing her severely disabled 8-year-old daughter by withholding food and medical care could inherit nearly $1 million from the girl's trust fund, even if she's convicted, according to The Associated Press.
Diggs and her husband Oscar Thomas, who is not the girls father, have pleaded not guilty to charges of negligent homicide and child endangerment in the 2012 death of 8-year-old Alayah Savarese, who was the beneficiary of a trust fund created from the settlement of a malpractice suit that stemmed from complications during her birth, the AP reported.
The indictment doesn't allege that the trust fund was a motive, but Diggs' attorney says prosecutors are nevertheless implying that her client "somehow disposed of her daughter in order to obtain the money," according to the AP.
Prosecutors in Westchester County say Alayah "was not provided required daily food," did not receive necessary medical treatment, was often left unattended and was frequently kept home from school, depriving her of physical and occupational therapy, the AP reported.
According to court papers, Diggs and Thomas also "failed to maintain the child's hygiene which caused her to have smelly and dirty hair and clothing, a foul odor about her body and bleeding gums," according to the AP. Authorities say Alayah also suffered lacerations, bruises and welts from the neglect.
On the day Alayah died in a Yonkers apartment, she was left in the care of one of Thomas' friends, who wasn't equipped to deal with her medical issues, court papers allege, the AP reported.
Diggs wouldn't be automatically disqualified from inheriting her daughter's fortune if convicted because she isn't charged with intending to kill the girl, according to the AP.
Any challenges to Diggs' inheritance would be heard in a separate court, Westchester County Surrogate's Court, where a bank has been named administrator of the girl's estate, the AP reported.
Alayah's biological father, Anthony Savarese, who lived elsewhere in Yonkers when Alayah died and isn't charged, is in line to get half the trust fund, but his lawyer declined to say whether his client would challenge Diggs' inheritance, according to the AP.
A state report substantiated various allegations against Diggs and Thomas, including inadequate guardianship and lack of medical care, but it concluded there was "no causal connection" between those allegations and Alayah's death, the AP reported. The medical examiner attributed Alayah's death to her cerebral palsy and seizure condition.
