BURKE COUNTY, N.C. — A Burke County mother accused of using drugs before her 3-year-old son froze to death on the front porch is fighting to get out of jail.
Jamie Basinger was in court Wednesday morning as attorneys argued over her bond and whether she should be released.
Basinger is charged with involuntary manslaughter and negligent child abuse in the death of her son, Landyn.
He was found on the porch outside his home in subfreezing temperatures in March.
Basinger's attorney, Frank Webster, wants her bond changed. He explained to the judge he has waited months for evidence from prosecutors and law enforcement only to get it in the last 24 hours.
"It's not right to me that she is incarcerated where she has not been proven guilty," Webster said. "We believe she will be found not guilty. It is a tragic accident, and it's not a crime what happened."
Family members explained to Channel 9 that they don't have the money to post Basinger's $55,000 bond.
"She needs to be out. Get on with the grieving and get some counseling and get some help," said Basinger's stepfather, Brent Basinger.
Warrants showed that Basinger admitted to using meth and marijuana two days before his death.
She remembers last seeing him alive the night before he died, which was on his third birthday. It wasn't until the next morning that someone driving by the home spotted the little boy outside the front door on the porch.
"If you looked at his eyes, he tugged at your soul ,and that's what really eats at us. We know deep down she would do nothing to harm either one of them," Brent Basinger said.
The judge kept the bond but did set a possible trial date for early December.
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