'I know that you are suffering from her death as well,' baby's mother tells day care owner

Sept. 15--McKenna R. Felmly was her "miracle baby," born after a decade of wishing for another child.

During her girl's brief life, Adrienne Kromer spent nearly every waking moment with her, taking weeks of unpaid maternity leave because she knew no one could care for McKenna as much as she did.

Tragically, Kromer was right. McKenna died on her first day of day care in Lehigh Township, her life ending at 3 months old in a old crib in a backroom where she had been left unsupervised without a monitor.

Few would deny Kromer's right to be angry at Sharon L. Ballek, the day care operator who admitted failing Kromer's daughter. But on Friday as Ballek faced sentencing in Northampton County Court, Kromer did something different, taking aback even a veteran judge.

Instead, Kromer asked that Ballek be spared prison, saying the 60-year-old Lehigh Township woman was also broken by the death. Kromer even offered words of thanks toward Ballek, for accepting responsibility and not forcing the family to endure drawn-out and painful court proceedings.

"I know that you are suffering from her death as well," Kromer said, speaking directly to Ballek. "While your suffering is much different than mine, I know her death will affect you for the rest of your life."

When the tearful Kromer was finished, Judge Paula Roscioli said she has never seen such charity from a victim. That charity was embraced by Roscioli, who spared Ballek jail time, ordering her to serve seven years of probation and fining her $5,000.

"To the Kromer family, you have shown tremendous compassion," Roscioli said, "and I have decided to follow suit in this case."

Ballek, who ran the now-shuttered Sharon's Day Care out of her Third Street home, pleaded guilty in July to misdemeanor charges. She admitted to reckless endangerment and endangering the welfare of a child -- the two crimes that an investigative grand jury recommended she face.

McKenna died on April 1, 2016. Her body had no signs of trauma, and coroners concluded the cause was "sudden unexpected infant death" -- a designation often associated with sudden infant death syndrome, or SIDS, the leading cause of death in infants 1 month to 1 year old.

The grand jury found that Ballek was "grossly negligent" in failing to better care for the girl, who had been left on her stomach. But the panel rejected a more serious charge of involuntary manslaughter, determining there was insufficient evidence to show the neglect was the direct cause of the death.

Kromer, 31, of Slatington said that as her maternity leave ended, she had resisted sending McKenna to day care and considering resigning from her job instead. When she met Ballek, Kromer said she felt lucky, believing an in-home center promised her daughter would get the attention and care she deserved.

Now, Kromer said, she struggles to sleep, to leave her home, or anytime she sees an ambulance.

"The day McKenna died, I became a different person," Kromer said, later adding: "I can no longer smile without feeling guilt-ridden, because why should I smile when my child is dead?"

But Kromer said her feelings of "anger and disgust" toward Ballek have given way to "compassion and thankfulness." Kromer said that "in my heart" she knows Ballek did not intentionally cause McKenna's death.

"Personally, I do not feel that a 60-year-old woman belongs in jail," Kromer told Roscioli. "Besides that, what would jail solve in this case? Nothing will bring my daughter back and recommending jail time will only add more suffering to an already tragic situation."

Ballek, who cooperated in the investigation, was so distraught immediately after McKenna died that she suffered a heart attack that hospitalized her, according to District Attorney John Morganelli and her attorney, Gavin Holihan.

Holihan said his client recognizes she will never work in child care again, her career of more than three decades. Holihan said Ballek has no prior criminal record, and did everything she could to help investigators after McKenna's death.

"Obviously, if there was anything she could do to undo it, she would, but that's not possible," Holihan said.

Sharon's Day Care was closed by state regulators four days after McKenna died. They cited "evidence of gross incompetence, negligence and misconduct" in ordering it shut down.

In recommending charges, the grand jury found Ballek had placed the child on her stomach to nap, knowing that violated state regulations. Ballek acknowledged there were times she left the girl unsupervised, according to the grand jury, checking on her only periodically before discovering her unresponsive.

On Friday, Ballek fought tears throughout the hearing, including when Roscioli ordered her to have no unsupervised contact with minors -- including her own grandchildren.

"The only words that I have is I'm sorry," Ballek said. "I'm sorry to the family. Nothing I can say is going to take their pain away."

riley.yates@mcall.com

610-554-8245

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