A licensed practical nurse will stand trial on the charge she administered a lethal dose of morphine to an 11-year-old East Hempfield Township boy.

District Judge David Brian on Monday ordered Joy O'Shea-Woomer to trial after prosecutors presented evidence that she had sole custody of Brent Weaver when he died Sept. 27, 2002.

Prosecutors allege Woomer, 49, gave the boy morphine even though he wasn't prescribed the drug. Woomer had access to morphine because she was caring for other patients who required it around the time of Brent's death, according to testimony.

Assistant District Attorney Karen Mansfield told the judge the commonwealth's case is circumstantial, but she argued there is sufficient evidence to link Woomer to the boy's death.

People testified at Monday's preliminary hearing that Woomer cared for Brent, who had cerebral palsy, as his parents and brothers slept upstairs that night. Between 11 p.m. and 7 a.m., Brent was given a dose of morphine that rendered him lethargic before killing him, according to testimony.

His parents testified that they didn't awaken until the morning, when Woomer informed them that Brent was unresponsive.

Woomer told police that no one else was with the boy during the night, according to testimony.

During the 2½-hour hearing, defense attorney Chris Patterson countered that Woomer had no motive to kill the boy.

Patterson argued that prosecutors presented no evidence of how much morphine was given to Brent or how and when it was administered.

"There is no direct evidence to link her to this — or indirect evidence," Patterson said during a brief closing statement. "This woman had no reason, no motive … no dislike for the child."

Mansfield countered that establishing motive isn't necessary at a preliminary hearing. Prosecutors have declined to discuss a motive or talk about whether they think Brent possibly died as a result of a mercy killing.

"She had the means and opportunity," Mansfield said. "We do not have to show a motive or how (the morphine) was given."

According to Patterson, a motive isn't the only thing missing from the commonwealth's case.

Patterson chastised investigators for not having very much physical evidence, including any evidence from the Weaver home.

East Hempfield Detective Paul Fitzsimmons, lead investigator in the case, confirmed that no evidence was taken from the Weaver home. Fitzsimmons said he didn't become involved in the case until more than a month after Brent died.

Police charged Woomer with homicide and two felony drug charges Oct. 7 — more than six years after Brent died at Lancaster General Hospital.

Since then, she has been in Lancaster County Prison without bail.

The six-year investigation included an exhumation of Brent's body and a pair of autopsies performed by forensic pathologist Dr. Wayne Ross.

Ross testified that Brent died of an acute morphine overdose. Pressed by Patterson, Ross said he had no data on how much morphine was given to the boy or how it was administered.

The defense lawyer called that a hole in the commonwealth's case.

"It's possible Santa Claus comes on December 25, too — we need some proof," Patterson said during an objection.

Mansfield argued that Woomer's own statements are incriminating.

Fitzsimmons and Lancaster County Detective Joseph Geesey recited Woomer's statements from a pair of 2003 interviews.

She told investigators she was substituting for Brent's regular nurse. "She said she didn't particularly want to be there that night," Geesey testified. "She needed the money, but she had a lot of things to do. She wasn't feeling that well."

Woomer told investigators that she stayed awake all night and checked on the boy every 45 minutes or hour, according to testimony.

According to Woomer, the boy was "restless" until about 2:45 a.m. After that, he was sleeping soundly each time she checked on him.

The case is expected to go to trial some time next year.

E-mail: bhambright@lnpnews.com