Life sentence for woman who killed autistic child

A 37-year-old woman convicted of killing her four-year-old autistic daughter appeared medicated and did not respond to her mother or husband in court as she was led away in handcuffs to serve a life sentence yesterday.

The actions of Xuan "Linda" Peng that caused the death of her daughter Scarlett were "reprehensible" said Superior Court Justice Mary Lou Benotto during the sentencing hearing.

"Scarlett was particularly vulnerable," said Judge Benotto, who ruled that Peng must spend at least 10 years in prison before she can apply for parole after being convicted of second-degree murder this month.

The judge ordered the defendant to receive psychiatric treatment while in prison. "Her extensive medical record disclosed psychiatric problems," Judge Benotto said.

Peng did not make any statement in court yesterday and looked down at the floor during the sentencing hearing. The petite woman appeared even smaller in her green prison sweats as the court security officers towered over the defendant.

Her husband, David Chen, who married Peng in 1995, appeared crestfallen after his wife was sentenced. He testified at the trial as a defence witness and sent a letter to the judge asking for leniency.

"I believe in my wife's innocence," said the letter written by Mr. Chen. "If I were suspicious, I would not have come to court to testify. I love my wife and I loved my daughter even more," he wrote.

Outside court yesterday, he added, "This the wrong verdict. We are going to fight for her." The body of Scarlett, who was mildly autistic, was found in July, 2004, in the bathtub of the home that Peng shared with her husband in Scarborough.

The Crown alleged that Peng was frustrated with her daughter and "snapped" just hours after learning that surgery would not improve her medical condition. The defence argued that Scarlett died as a result of a tragic accident and that Toronto police had "tunnel vision" in assuming that she was killed by her mother.

Both the Crown and defence agreed that the parole eligibility period should not be increased from the minimum of 10 years. Crown attorney Kim Motyl stated that it was an appropriate sentence for Peng, who has no prior criminal record or history of abusing her daughter. "Ms. Peng was frustrated and dealt with her frustration in an atrocious manner," said the prosecutor outside court yesterday.

Peng, who came to Canada in the late 1990s with her husband, suffered from psychiatric problems after Scarlett was born, the court heard.

The girl was sent to China as an infant to live with her relatives. Scarlett returned to Canada in March, 2004, so she could receive better medical care. Peng had studied civil engineering in China and had trouble learning English and adapting to her new home. She was not arrested until months after Scarlett died and tried to injure herself after she was taken into police custody.

Peng was free on bail before her conviction and near the end of the trial, outside the presence of the jury, she collapsed in the courtroom and was taken to hospital, where she remained for a few days. Some days she would rest her head on a courtroom table while witnesses were testifying.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4