BATON ROUGE — Jury selection was underway Monday in the trial of a woman accused of second-degree murder after her 2-year-old son died from a third fentanyl overdose in two months.

Whitney Ard, 30, would be sentenced to life in prison if convicted. In the spring, prosecutors turned down a deal that would have seen her sentenced to up to five years for negligent homicide. With time already served, she could have been freed early next year. 

Ard also turned down a plea bargain that would have seen her sentenced to 30 years in prison.

District Judge Louise Hines said she is aware of the impending landfall of Francine and would like to get the trial underway as soon as possible, but she said it is a possibility the trial will not begin in earnest until next week.

Emergency responders had revived young Mitchell Robinson III after two previous fentanyl overdoses by giving him Narcan. A third overdose killed him. According to the state, the boy's older sister told investigators the child had eaten some of mom's pills.

"When her mother found out her brother [ate] some of the pills, her mother whipped him and made him go to bed," she wrote.

Ard was initially arrested on negligent homicide following the death but a grand jury bumped the charges up to murder. 

"The instant case deals with a 2-year-old child who was murdered by the direct actions and/or inactions of his mother and primary caregiver, Whitney Ard," the state said in papers filed last week to limit what matters could be raised in court.

Before the trial began, a judge has been asked to place a limit on evidence. The state said it was concerned that Ard may introduce evidence about how other child overdose cases were handled, and that prosecutors want to only bring up cases involving Robinson.

"The child ... consumed and overdosed on fentanyl, a Schedule II narcotic, three times over the course of two months while in his mother's care," the state said. He was revived on April 12, 2022, and June 2, 2022. After an overdose on June 26, 2022, efforts to save him failed. The state said he had fentanyl in his system at the time he died.