SALEM – A Superior Court judge has ruled that the statements made by Kristen A. LaBrie to social workers regarding the care of her cancer-stricken son who died in 2009 will be used at her trial.LaBrie, 38, of Salem, is facing charges of attempted murder and child endangerment after allegedly failing to provide her autistic, cancer-stricken 9-year old son, Jeremy Robert Andre Fraser, with the chemotherapy that medical professionals said he needed to remain in remission.Judge Timothy Q. Feeley made his ruling last week following several hearings in which LaBrie’s defense lawyer, Kevin James, had argued that the statements made by LaBrie to three social workers should not be used as evidence at her trial. He insisted the statements fell within the social worker/client privilege between LaBrie and the workers and she should be protected under that privilege.But Assistant District Attorney Kate McDougall argued during the hearings that LaBrie was not a client of the Department of Children and Families, and the statements should not be suppressed because of a specific exception in the law concerning the use of material obtained during a child abuse case or involving a negligent issue.In addition, Feeley also denied any further hearings on her motion to suppress statements made to various other social workers.Fraser, who was diagnosed in 2006 with the curable form of non-Hodgkin’s lymphoma, went into remission after receiving chemotherapy treatments and the prognosis was good as long as he continued taking the medications and chemotherapy at Massachusetts General Hospital.MacDougall maintains that on diverse dates from Oct. 16, 2006 and March 25, 2008, LaBrie, as his caretaker, failed to give the boy the medications doctors prescribed to keep his cancer in remission, failed to bring him to at least a dozen medical appointments and engaged in conduct that created substantial risk or serious injury to her son.The cancer returned in a far more serious form as a result of the missed medications.Fraser died a year later on the morning of March 30, 2009 at the Kaplan Family Hospice Hospital in Danvers.Fraser was born in Salem and raised in Saugus. He was the son of Eric Fraser, 38, of 3 Evans Road, Saugus, who died last year from injuries sustained in a motorcycle crash in Malden on Oct. 25.LaBrie, who has pleaded innocent to all the charges, faces up to 40 years in prison if convicted as charged.She currently remains free on $15,000 cash bail pending the outcome of her case.LaBrie is due back in Superior Court on Aug. 17 for a status hearing regarding her case.
