BATON ROUGE — A woman who turned down a plea bargain that would have seen her sentenced to 30 years in prison after her 2-year-old son died from his third fentanyl overdose in two months is due in court Monday for a second-degree murder trial.

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.

Emergency responders had revived young Mitchell Robinson III after two previous fentanyl overdoses by giving him Narcan. A third overdose killed him. 

"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. 

"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.

While Ard offered to plead guilty to negligent homicide and take a five-year prison term, the state offered to let her admit to manslaughter and take a 30-year sentence — 10 years less than the maximum. Ard rejected the plea and opted for a trial.

Ard had initially been arrested on negligent homicide, but during their investigation police learned Robinson had been taken to the hospital twice for breathing problems and responded positively to Narcan, a drug used to treat fentanyl overdoses. A grand jury said the boy's death was second-degree murder.

The death also prompted a look at the Department of Children and Family Services' procedures. The state inspector general said DCFS wasn't aware that Narcan had been used on the child, and said the agency "took no action whatsoever" after the boy's first two trips to the hospital.

After each of the first two overdoses, the child was released to his mother. 

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," they wrote.

Before the trial begins, 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.