Exclusive: Mom Accused of Murder Speaks Out

Attorneys for Hannah Overton will argue her conviction should be overturned.

ByABC News
October 21, 2008, 12:19 PM

CORPUS CHRISTI, Texas, Nov. 6, 2008 — -- Three justices in Texas' 13th Court of Appeals will hear arguments today in the case of Hannah Overton, who was convicted of capital murder in the death of her son, but it could be months before they decide whether her conviction should be overturned.

Overton is currently serving a life sentence.

When 4-year-old Andrew Burd arrived at a hospital in critical condition in the fall of 2006, doctors didn't have a clue as to what was wrong with him. Blood tests soon revealed that he had salt poisoning, or hypernatremia. Andrew's levels were off the charts -- almost double the norm and among the highest ever recorded.

Doctors turned to Hannah Overton, a 29-year-old pregnant mother of four who was in the process of adopting Andrew. She told them Andrew had thrown a fit that afternoon after he'd been fed a full lunch. Instead of giving him more food, she said she put a few dashes of creole seasoning in a sippy cup of water.

But that didn't calm him, she said, and a few moments later he fell to the floor, vomited and complained of being cold. Overton said she suspected the flu, but after an hour and a half, Andrew's condition didn't improve. That's when she and her husband, Larry, took Andrew to the hospital.

The Overtons' story aroused the suspicions of doctors and investigators. The next day Andrew died and the devout Christian couple, which had no criminal history, became murder suspects. As the investigation continued, authorities developed a theory that Andrew's death was an intentional poisoning.

"We were just waiting for someone to look at it and say 'This is just an accident,'" Larry Overton told "20/20." "Instead, we were arrested."

To investigators, Andrew's sudden and bizarre death was no accident. Within days, the authorities had begun weaving a sinister tale of murder. They painted Hannah Overton as a pregnant mother of four young children who became overwhelmed with the arrival of a foster child.

The arrest warrants painted the Overton home as a house of horrors, where Andrew was monitored by a camera and was punished with spicy seasoning. Detectives even used the Overtons' children to build a case against them, saying unusual forms of punishment had been previously used.

"This case boils down to a woman who, basically, tortured a child," said prosecutor Sandra Eastwood, "becoming so enraged she forced him to have 23 teaspoons of hot pepper and then watching him die in agony."

A grand jury returned an indictment on capital murder. In the state of Texas, if a child younger than 6 dies at the hands of another person, it's considered a capital case. The charge carries a minimum life sentence.