Woman acquitted in child's overdose at Naperville hotel

A Chicago woman was acquitted Tuesday of reckless conduct in the death of a 2-year-old boy who overdosed on children's cold medicine at a Naperville hotel.

Jurors deliberated about two hours before finding 41-year-old Theresa Gary not guilty of the felony charge.

Prosecutors had accused Gary of giving Joseph Balkcom three-fourths of a bottle of children's Benadryl, causing the boy to overdose on Nov. 5, 2008, while staying with Gary and his mother at the Best Western, 1617 Naperville-Wheaton Road.

Although there was evidence Joseph had consumed that amount, Gary's attorney, Mark Lyon, said authorities had no proof his client gave Joseph the fatal dose.

Lyon also attacked the credibility of the boy's mother, Alexicia Holmes, who told police several different versions of what transpired.

“There just really wasn't a witness who ever said they saw Theresa Gary administer an overdose of Benadryl,” said Lyon, a senior public defender. “It was a circumstantial case … and to get to a guilty verdict you'd have to rely on Alexicia Holmes and inconsistent statements she gave.”

At trial, prosecutors said Gary was a friend of Holmes who at times provided the homeless mother and son with shelter.

The night of Joseph's overdose, Holmes had been away for several hours while Gary looked after the boy. Later that night, prosecutors said, Gary awakened the mother, telling her the “devil was in her child” and that they should call their church pastor.

Although the pastor's wife instructed the women to call 911, they instead “anointed” the boy with olive oil and prayed over him. Authorities were called shortly after 10 p.m., by which point the boy had died.

Gary declined to comment as she left court Tuesday, but she waved at jurors after they delivered the verdict. Prosecutor Ann Celine O'Hallaren also declined to comment.