Sandy Springs mother found not guilty by reason of insanity in toddler's death

A Fulton County judge recently ordered Asia Calabrese-Lewis committed to a state psychiatric hospital, concluding the criminal case involving the drowning death of her 23-month-old daughter. The ruling was reached through a consent agreement between prosecutors and the defense, finding the mother not guilty by reason of insanity rather than through a jury trial.

The case began three years ago when Sandy Springs police responded to reports of a distressed, naked woman slapping cars in a parking garage. Officers handcuffed Calabrese-Lewis and wrapped her in a bystander's coat. Her partner, Kenneth, ran over from their apartment across the street and told police that Calabrese-Lewis had left the home with their daughter, Nirvana.

When questioned, Calabrese-Lewis spoke incoherently, stating the child was "at the bottom of the pool" and "dead." Because the property had no swimming pool, first responders searched nearby retention ponds. Officers found Nirvana in the water beneath a bridge and pronounced her dead shortly after. Police charged Calabrese-Lewis with murder, noting in investigative files that she was too incoherent to be interviewed and was speaking in "gibberish."

Records obtained by investigators reveal warning signs in the days before the drowning. The day prior, police found Calabrese-Lewis sitting in a building lobby with her nude daughter. Officers requested an EMS medical evaluation instead of making an arrest. Following this incident, Georgia Division of Family and Children Services caseworkers attempted a home visit but noted they "were unable to enter the apartment building." Hours before the tragedy, witnesses saw Calabrese-Lewis barefoot with a towel wrapped around her head, swaying and dancing at an intersection before stepping into oncoming traffic.

Family members and friends told detectives that Calabrese-Lewis had a suspected chemical imbalance and personality disorder but was not taking medication. The records also documented suspected, untreated postpartum depression that went unaddressed before first responders arrived at the scene.

Fulton County Superior Court Judge Shukura Ingram presided over the case. She said that in her eight years on the bench, only one insanity defense case has gone to trial in her courtroom. Most cases are resolved by mutual consent after extensive psychological evaluations. Ingram explained that the verdict is often counterintuitive to the public. "There’s a perception ‘not guilty by reason of insanity’ means a person just walks away scot-free," Ingram said. "And actually, not guilty by reason of insanity means you in fact did the thing you are charged with. So its kind of counterintuitive because we’re saying not guilty but actually what it means is you in fact did it."

Georgia law uses two statutory tests for the insanity defense: the right-wrong test and the delusional compulsion test. The defense must prove the defendant lacked the mental capacity to distinguish right from wrong or was acting under a mental delusion that overmastered their will. Unlike 11 other states where prosecutors must disprove insanity, the legal burden rests entirely on the defense in Georgia.

Dr. Joseph Browning, a forensic psychiatrist and Emory University law lecturer, noted that emotions run high when a child dies. "Everyone wants justice for children, but when severe mental illness is involved, defining justice is complicated," Browning said. Under Georgia law, commitment to a state psychiatric facility cannot exceed the maximum prison sentence for the underlying charge. Calabrese-Lewis will undergo annual judicial reviews to determine if she requires continued institutionalization or can transition to the community.

Nirvana’s family did not respond to recent requests for comment. They previously described the toddler as "a light to the world" who loved her Crocs. Attorneys for Calabrese-Lewis declined to comment. Sandy Springs Detective John Nanoff said he thinks about the child every time he drives past the pond. "She wasn’t even two," he said. "She was the most innocent of innocent."