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By James O’Malley

[email protected]

Tracey Ann Gonda arrives at a preliminary hearing in October.

Corey Eckrote arrives at a preliminary hearing in October.

Jaxon Eckrote

WILKES-BARRE — A woman charged in the accidental death of her infant son claims investigators gathered evidence in violation of the law.

Tracey Ann Gonda, 41, of Nanticoke, filed documents Tuesday in Luzerne County Court outlining her allegations and moving to suppress from her impending prosecution both evidence seized from a pair of search warrants as well as her statement to police.

Her motion requests a written response from prosecutors and a hearing on the issues raised.

Gonda faces charges of involuntary manslaughter and endangering the welfare of children in the Feb. 14, 2014, death of 2 ½-month-old Jaxon Eckrote.

Jaxon’s father Corey Eckrote, 50, is charged with the same offenses. Gonda also faces additional charges of reckless endangerment, false reports to law enforcement and corruption of minors.

They are being tried separately.

Evidence dispute

According to Gonda’s motion, a police search of her East Noble Street residence on Feb. 14 resulted in investigators seizing evidence outside the scope of their search warrant.

The motion says the search warrant indicated the items to be seized as clothing fibers and bodily fluids “including but not limited to blood, hair particles and skin tissue” and cell phones belonging to both Gonda and Eckrote.

The warrant listed the alleged violation as endangering the welfare of children and said investigators sought the items in order to determine the location of Jaxon’s death.

However, according to the motion, investigators came away with the requested items as well as a beer can and four cans of a malt liquor beverage.

Gonda’s motion also says the warrant affidavit failed to indicate a “duty of care, protection or support” that Gonda knowingly violated in order to cause Jaxon’s death, which is necessary in establishing the alleged offense.

It says further that the information provided in the affidavit is in line with a “tragic accident,” which the motion says appellate courts recognize do not always rise to criminal culpability.

The document moves to suppress evidence from a Feb. 17 search as well, citing similar probable cause issues.

The motion alleges investigators used the warrants as a general investigative tool in violation of state and federal law, and argues the evidence seized as a result should be suppressed.

Suicide concerns

Gonda also seeks to determine at a hearing whether the woman waived her rights voluntarily when providing a statement to police on Feb. 15, as she was admitted to First Hospital for suicide concerns the following day, according to her motion.

The document alleges she was also subject to interrogation prior to her statement and was not read her Miranda rights.

Prosecutors allege Gonda was drinking on Feb. 14, 2014, when she closed an oversized recliner on Jaxon, causing him to suffocate.

The baby was wedged in the recliner for several hours before Gonda discovered the infant had died, police say. Dried blood and saliva allegedly were found on the recliner.

Gonda initially told police she found Jaxon unresponsive in a bassinet, police say, but her other child allegedly provided police with a conflicting report of where the baby’s body was discovered. Police allege Gonda attempted to discredit her other child’s story.

However, police say Gonda admitted to lying about the circumstances of the baby’s death when presented with autopsy information that conflicted with her story.

According to arrest papers, Eckrote and Gonda had fought over who would care for the baby prior to the child’s death, as they both wanted to sleep. Police say Eckrote purchased the two 24-ounce alcoholic beverages Gonda consumed before dozing off.

Attorneys for Gonda and Eckrote argued in October that the death was an accident, and Gonda was unaware Jaxon was still in the chair when she awoke and placed it in the upright position.

Children & Youth

Authorities say that during her pregnancy, Gonda consumed alcohol, used drugs and did not seek pre-natal care. She gave birth to Jaxon on Nov. 22, 2013 at Moses Taylor Hospital, Scranton.

Luzerne County Children and Youth Services became involved, and legal and parental custody of Jaxon and Gonda ’s other son were awarded to Eckrote.

Prosecutors say the couple did not follow the court-ordered plan to ensure Jaxon’s safety.

Reach James O’Malley at 570-991-6390 or on Twitter @TL_omalley.