Mom Charged In Girl's Death Could Get Trust Fund

By JIM FITZGERALD, Associated Press, San Francisco Chronicle
Sun, 08/31/2014 - 8:05am

WHITE PLAINS, N.Y. (AP) — 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. Nicole Diggs and her husband have pleaded not guilty to charges of negligent homicide and child endangerment in the 2012 death of 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 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 court papers, Diggs and her husband, Oscar Thomas — who isn't Alayah's father — 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." Many states have so-called slayer statutes to prevent profiting from a crime, but New York courts have generally held that without intent, a homicide doesn't disqualify someone from inheriting from a victim, said St.

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