Mercy delivered to Lakeville grandmother who smothered baby

After Tina Louise Miller-Steiner fell asleep on top of her 6-week-old grandson and smothered him to death in May, she said that her pain and suffering had been punishment enough.

On Monday in a Dakota County courtroom, prosecutors and Judge Timothy Wermager agreed to show some mercy.

Miller-Steiner, 46, pleaded guilty to one count of second-degree manslaughter and was sentenced to 10 years of probation and 45 days in the county jail. Wermager also ordered Miller-Steiner to pay restitution to cover the cost of the infant's funeral.

Prosecutors agreed to drop another count of second-degree manslaughter.

Miller-Steiner could have faced years in prison for Evan Michael Berney's death, but Dakota County Attorney James Backstrom said that such a sentence was not warranted.

"In cases like this, there is no punishment that our criminal justice system can mete out that is worse than that which this woman has already inflicted upon herself," Backstrom said.

Miller-Steiner's attorney, Joe Friedberg, said the plea was "a very equitable agreement in a tragic case."

"She was sobbing and so was my client," Friedberg said. "It was a very, very emotional appearance. It wasn't very long, but what there was of it was very difficult for everybody."

Miller-Steiner admittedly drank alcohol against her doctor's advice on May 9, a day she was caring for Evan in her Lakeville home. She laid him down for a nap on the bed between 7 and 7:30 p.m., then prepared a bottle for him and lay down beside him.

Miller-Steiner's younger daughter woke Miller-Steiner when she discovered her lying with the baby, who was not breathing. Miller-Steiner later told police she had drunk two martinis and some wine that evening between 5 and 7 p.m. despite her doctor's warning that she should not drink while taking medications for depression, anxiety and hypertension. Almost four hours after she called the police, her blood alcohol level was still 0.08 percent, which is the legal threshold for drunken driving.

Lakeville police, calling Miller-Steiner's actions negligent, pushed for a charge of manslaughter.

Backstrom asked a grand jury to make the call, and it indicted her on two counts of manslaughter in August.

Since the incident, he said, Miller-Steiner has completed an inpatient treatment program for chemical dependency. Her probation requires her to remain sober, subjecting her to random assessments and ongoing treatment, he said.

She will not be allowed to take care of children under 10 years old without supervision.

Friedberg said Miller-Steiner has gone back to work and is working with her doctor to get her medications straightened out.

"She's a nice lady with a whole lot of problems," Friedberg said. "I think the court system recognized that and is trying to help her and do the best they can."