Deal reached in baby bathtub death
Photo 
Charles Rivers
Photo 
April Peabody
JANESVILLE The prosecution and defense have reached one plea agreement and are close to another in the criminal neglect cases prompted by the death of 14-month-old Israel Gordon.
The toddler’s father probably will serve a year in county jail and five years on probation, and the father’s girlfriend most likely will be on probation for 18 months with required counseling.
The boy died after what his father—Charles R. Rivers, 35, Janesville—described as a bathtub accident in his apartment on Linn Street in Janesville in December 2007.
Instead of seeking immediate medical treatment for the baby, who suffered obvious brain trauma, Rivers and his girlfriend—April S. Peabody, 27—made a run to Beloit to buy drugs to feed Rivers’ heroin habit, according to the criminal complaints against them.
Rivers and Peabody initially were charged with obstructing an officer and felony child neglect resulting in death.
Peabody pleaded guilty to obstructing and an amended charge of misdemeanor child neglect. She is scheduled to be sentenced Tuesday.
Rock County District Attorney David O’Leary said Wednesday that he entered the plea agreement because Peabody’s end of the deal would be “to testify truthfully about all the events surrounding the death.”
In exchange for her testimony, O’Leary said, the second part of the agreement was that the prosecution and defense would jointly recommend a sentence of 18 months probation for Peabody with required parenting classes and alcohol and drug assessment.
The judge in Peabody’s case—Michael Fitzpatrick—is not bound by the agreement or sentence recommendation.
In another court Wednesday, Rivers waived his right to a jury trial and had Dec. 17 set as the date for a trial before Judge James Daley. Rivers’ attorney—assistant public defender Don Weeden—told Daley that his client and the prosecution were close to a plea agreement.
After the hearing, O’Leary said he thought that he, Rivers and Weeden had an agreement in place.
That agreement calls for Rivers to plead guilty to the felony neglect charge, O’Leary to dismiss the obstructing charge and a joint prosecution-defense recommendation for a sentence of one year in county jail and five years probation with alcohol and drug assessment, the district attorney said.
When he was told that Weeden said only that an agreement was near, O’Leary said: “If it’s still pending, I’ll have to contact Mr. Weeden to find out the status.”
If the agreement with Rivers falls apart, O’Leary said he has a “rock-solid case on felony neglect” and will call Peabody to testify.
Rivers agreed to plead guilty to the felony charge because, Weeden said, he has been “very distressed. He lost a son. He wants to put this behind him.”
Rivers is now court-restricted from contact with a child that he and Peabody had together, Weeden said, and he wants the neglect case concluded so that he might sometime be allowed to see his child.
Sep 9, 2008 at 5:14 p.m.
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prinny68 Its not the fact that these people are being charged with negelect and pleaing guilty, the fact is they are only getting one year sentences. That everyone is completely outraged about. I personly am sick to my stomach that there was more eveidence to abuse that never was truly investigated. I know the facts do you really. Go back and read past news articals. No they can't prove without a reasonable doubt that this child was murdered but they can prove that there is negelect cause of death which is what they are being charged look it up under the wisconsin court system. Had medical treatment been sought the baby could have possibly lived. Had they sought medical treatment they would not be facing these charges. They already have the facts the baby supposedly bumped his head and the couple went on a drug run instead of seeking medical treatment. One year of probation for one little boys life you tell me if that sounds fair
Sep 9, 2008 at 3:40 p.m.
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I'm not saying I AGREE with the decision or sentence necessarily, however I'm merely stating a possible reason WHY he has probably been allowed such a lenient sentence. I am a CJ student and I used to ask all same questions here on this board, how could you sentence one person to this, but sentence someone for what I considered a more serious crime, for less time? I'm just giving general information as to how things like this happen. I'm sure the DA would've just assumed get him guilty of SOMETHING instead of leaving the trial to a jury, where he could be acquitted, and serve NO time. And yes Mrmayo, I know several p/p agents in this city alone, and I know the type of caseload I once will face, however I also know several people on p/p and know the types of contingencies they are up against, in order to be a part of the free world and not behind bars. In fact there are a few agents here in Janesville that do an exceptional job monitoring their offenders moves, and I put my trust in them! Also in regards to treatment, if they do not actively participate in treatment, and the facilitator does not feel they are owning up to their crime and learning anything from the program, they WILL be removed from the treatment group and their probation/parole can be revocated, meaning they would return to jail/prison. I am sure not EVERYONE comes out of those treatment groups, cured, however how are we curing them by just making them sit in jail/prison? I can guarantee you the treatment programs outside of the correctional institutions in this state, are MUCH better than the ones inside.
I'm not arguing the neglect aspect, as they certainly do have a pure neglect case, which is what they are pleading guilty for. It's the intent to cause harm that may/or may not be provable to charge them with a more serious offense, carrying a longer sentence. Hence why I'm sure the DA made a deal to plead them to felony neglect(knowing they have the evidence to prove that beyond a reasonable doubt), ensuring the convicted with be required to serve a sentence including incarceration and probation/parole, and a contingency of treatment. IF the DA charged them with something more serious, and it went to trial and the jury didn't convict beyond a reasonable doubt, these people would be out walking the streets with NO punishment! Now which direction would YOU choose?
Sep 8, 2008 at 2:57 p.m.
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prinny68, have you seen the recidivism rate in wisconsin? Pretty high. I have a friend that is a P&P officer and she tells me her caseload is unbelievable. They do their best but theres not a whole lot they can do. they can require classes, and or counseling but it doesnt mean the offender is going to take anything in. most just go because they have to.
and it seems that that scumbag Mr. Rivers has had his chance at rehabilitation and blew it off. he is past the point of deserving another chance.
Sep 8, 2008 at 2:28 p.m.
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results-http://www.cnn.com/2008/CRIME/09/08/microwave.baby.ap/index.html
Sep 8, 2008 at 1:38 p.m.
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how much more evidence do they need for NEGLECT than them saying themsleves we went to get drugs first. isnt that neglect and then neglect since youre on drugs
Sep 8, 2008 at 1:05 p.m.
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How do you do a deal when a baby lost his life!
Sep 8, 2008 at 10:09 a.m.
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The main reason these plea bargains get arranged is most likely because the prosecution(DA) doesn't feel there is enough evidence to prosecute and prove beyond all reasonable doubt that there was an INTENT to cause harm. Being that this was more showing neglect, the prosecution more than not probably figured getting these individuals convicted of SOMETHING instead of taking the chance of a jury not finding them guilty and letting them completely off, would be the best way to go to ensure these individuals get the help they need. It is disheartening to see a sentence in which they will mostly spend less time in confinement than someone convicted of a petty marijuana offense however I am sure their allowance to care for children in the future WILL be mandated to being supervised or controlled. We don't know exactly what types of rules these convicts will be subject to post-incarceration, and hopefully it will be enough to rehabilitate them before they are off paper. Have faith in our probation/parole system, as they typically do a good job ensuring rehabilitation of these disturbed individuals.
Sep 8, 2008 at 10:04 a.m.
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the lady that put her child in the microwave gets her sentance today. I say put her in the microwave. what is wRONG WITH PEOPLE. if you dont want your child any more- take them to someplace where somebody will!!!
Sep 8, 2008 at 7:50 a.m.
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Just another reason that castration should be mandated... People that have a difficult time taking proper care of themselves, much less a small child should not be allowed to breed further. How many times will the courts allow him to make dumb "mistakes" with young children? Who's to say that he remembers to feed them on a daily basis, and what is he teaching them, how to light up????
Sep 7, 2008 at 9:24 p.m.
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One year is pathetic. And this guy just wants to move on? He and the girlfriend should get much longer sentences.
Sep 7, 2008 at 3:16 p.m.
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Everytime I see this story it makes me want to puke. Looking at these two scumbags definitely makes me want to puke. trying to hold it in though. What a waste of human flesh.
Sep 6, 2008 at 7:51 p.m.
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That sentence is such CRAP!!!!!!!!!!!!!!!!
I recieved 9 months in county and 6 yrs probation for posession of marijuana.Wheres the justice in that?You get less time for killing a baby than possessing a controlled substance!I hope all you remember this at ELECTION time!!!!!!
Dont get me wrong,I'm not complaining about the time I got,it's just you would think killing a baby would get you more time(NOT LESS) than having a little weed.
Sep 6, 2008 at 4:48 p.m.
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Maybe an accident, accidents do happen. But neither one sought medical treatment to check this child out. They should have gotten longer for being irresponsible caretakers. What is wrong with these judges? I know of drug dealers that were sentenced to life. Killing a child???? Throw em back on the street to have more kids....(sarcasm)
Sep 5, 2008 at 7:23 p.m.
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Let me take a step back. Why the heck was a wet,slippery,one year old aloud to be standing on the edge of a tub?Oh yeah,daddy needed a fix!
Sep 5, 2008 at 7:18 p.m.
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I can't beleive this is even in question! These two, um... people, need A LOT of jail time for what they did!Drugs over e.r. care? Are you kidding me? This is just sick!
Sep 5, 2008 at 11:37 a.m.
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The girl needs to be given a harsh sentence too. She is the one who knew about the accident and went on the drug run with him. I don't think neither one of them should be allowed to care for another child. I am a parent and I always put the needs of my children before mine.
Sep 5, 2008 at 11:13 a.m.
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biggirl- yes an accident - BUT never took the time or priortiy to take the child to get help!!! drugs first!! that ISNT an accident- dumb or not caring yes and should be punished for it!!
Sep 5, 2008 at 9:43 a.m.
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mymaro-bigirl thinks the police are wrong to keep the pervs from having sex in a public park...you should see her posts on that article-unreal. That would explain her post on THIS article.
Sep 5, 2008 at 8:40 a.m.
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janesvillean: Point well taken. And, like you said...it is both beneficial and detrimental.
Sep 4, 2008 at 11:09 p.m.
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i think that then need to give him more then just a year in jail i think that he should get longer then that in jail. come on he killed his own child and wants to put the death behind him what a joke.
Sep 4, 2008 at 7:08 p.m.
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There's a pretty strong argument, momof5, that society is better served by required jail time and supervision, rather than risking acquittal and no punishment. The prosecutor doesn't even get to set the sentence in the event of a conviction.
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O'Leary is not unique. In the United States, nearly 95% of cases resulting in felony convictions never reach a jury. Obviously, there are beneficial as well as detrimental aspects to this system.
http://www.pbs.org/wgbh/pages/frontline/...
Sep 4, 2008 at 5:31 p.m.
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and, btw, biggirl, the sentence comes because O'Leary is a "softy" when it comes to prosecuting. He'd rather risk a light sentence than a dismissal or acquittal on his record.
Sep 4, 2008 at 5:29 p.m.
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biggirl: A terrible accident? I will give you that ANY child can slip and fall in the bath tub. And, yes, if that was ALL that had happened in this scenario, I would say it was an injustice. HOWEVER...Rivers and Peabody put the child in the car--in Janesville--and drove to Beloit (knowing something was amiss) so they could buy drugs. That's the fatal flaw (no pun intended) in saying it was a terrible accident.
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So, unless they were driving "Kit" from Knigt Rider--ya know, a car who has the mind of its own--there's no way they accidentally went to a drug house instead of a clinic. And, if I remember correctly, they stopped at Super Wal-Mart also.
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I don't believe either of them meant to kill Israel. But, I also don't believe either of them meant to/tried to help him.
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You're the naive one.
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PS--Does anyone know how Israel's mom is doing? (not Peabody...I couldn't care less about her or Rivers or that they are trying to put this behind them).
Sep 4, 2008 at 5:23 p.m.
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are you serious biggirl? did you read the story? obviously not! the guy admitted to lettign the little boy stand on the edge of the tub and then after the baby fell and was basically unresponsive the scumbag thought his drugs were more important than the child. How in the world can you say "what if this was all an accident"? This was all a result of a piece of trash letting his baby die in favor of his daily fix.
Sep 4, 2008 at 5:16 p.m.
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Come on! People here act so naive. The sentence comes because there's no proof that he meant to do this, that it wasn't an accident, and that he really meant to hurt the child. Why don't you all imagine the injustice that might come if this was all a terrible accident?
Sep 4, 2008 at 5:12 p.m.
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April was not Israel's mom. She has another 2 other children. The youngest, born this Spring, was fathered by this man.
Sep 4, 2008 at 5:05 p.m.
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It's a shame about the childs death and one year is not much, had they taken him to the hospital instead of going to buy drugs the child might still alive. I'm more interested in the case worker that put the child with the father or CPS what will happen to the case worker or the Department.
Sep 4, 2008 at 1:07 p.m.
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danias- i believe the mother of the child is and past girlfriend or wife and i think he has another child as well. ANd remember she was pregnant when this happened and according to the other blog she had the baby in spring. wonder what treatment the NEW baby will receive? drug fixes first then care - get the priorties straight people!! :>(
Sep 4, 2008 at 1:03 p.m.
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please Mr. Rivers wants to plea so he can put his childs death behind him (how do you put a childs death behind you?) How is it possible. I pray he never gets the chance to ever see this new baby
Sep 4, 2008 at 1 p.m.
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Now is the girlfriend the mother of this baby?I'm just appauled that the system is just basically slapping these two on the wrist.They are responable in this baby's death why aren't they getting a max sentence for killing this child?
Sep 4, 2008 at 12:54 p.m.
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israel we love and miss you, you did not desirve the fate you were handed you are missed by all you were a beautiful child and you deserve a better justice
Sep 4, 2008 at 11:46 a.m.
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POVERTY PEOPLE ARE NOTHING IN OUR SYSTEM IN MY OPINION. ONE LESS CHILD FOR TAX PAYERS TO SUPPORT SO SAD DO YOU THINK PEOPLE ARE IGNORANT TO THE ACTUALITY BEHIND THIS? COME ON BORN AT NIGHT NOT LAST NIGHT..............
Sep 4, 2008 at 11:44 a.m.
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yes again- punishment doesnt fit the crime and yes this is a horrific crime. get your fix and take him to do so before you treat your child. WT%
Sep 4, 2008 at 11:42 a.m.
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O'Leary needs his head examined!!! this sentence is absurd and look at the crime itself an innocent baby is dead and a slap on the wrist is not OK.... I wonder if this happened to his grandchild or close friend would he plea this sick subhuman animal out. Give this ass another chance to abuse and kill again with the right (what a joke) to see his other BABY. ALCOHOL AND DRUGS ARE NO EXCUSE IN THE COURT SYSTEM YET HE GETS AWAY WITH THIS!!!!!!!!!!!!!!!!!!!!!!!!!
Sep 4, 2008 at 10:45 a.m.
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One year....one year is all Israel's life was worth. Sad, just plain sad.
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