Judge Drops Charges in Baby’s Death : Justice: Lack of evidence is cited in dismissing case against sitter Debra Cummings. Prosecutors seek new trial in loss of another child.

A judge dropped charges Monday against a Reseda baby-sitter in connection with the death of a 14-month-old boy, but prosecutors said they will seek a new trial today in a separate case involving the death of a child in her care that left a jury deadlocked.

Van Nuys Municipal Court Judge Leslie A. Dunn dismissed involuntary manslaughter and child-endangerment charges against Debra Suzanne Cummings, 34, saying that no evidence was presented during the preliminary hearing indicating that Cummings’ behavior caused the death of Matthew Cooley.

The child died March 15, 1990, after losing consciousness while at a park.

Doctors listed the cause of death as an apparent seizure, but prosecutors argued that Cummings had negligently left Matthew alone sleeping on a blanket knowing that he was prone to seizures.

“It was a bad call by the judge,” said Deputy Dist. Atty. Carol Fisch. Fisch said a decision will be made later whether to refile the charges.

Although the Cooley child died first, prosecutors filed charges against Cummings for his death only after filing murder charges against her in the death of 9-month-old Kevin Young.

Kevin died of head injuries on June 15, 1990, while Cummings was baby-sitting him in her home.

Cummings, a former PTA president, has maintained that the infant fell and hit his head against a coffee table, but a coroner’s report said that the injuries could have been caused only by a blow or a tremendous fall.

Fisch said she will ask Superior Court Judge Michael J. Farrell today to deny a defense motion to drop second-degree murder charges that resulted in a jury deadlocking 7 to 5 for acquittal on July 14.

Cummings’ attorney in the Cooley case, Deputy Public Defender Michael M. Duffey, said prosecutors filed those charges to help their case against Cummings in the Young case.

“The Cooley filing was an attempt to create a case against her out of the tragic death of the Young child,” Duffey said.