By WMBD TV

PEKIN – A judge on Thursday morning ordered a Pekin woman to remain in custody until the outcome of allegations that she suffocated a 10-month-old baby under her care earlier this month.

Tazewell County Judge Derek Asbury said he found “clear and convincing evidence” that Makenna Rhodes, the 21-year-old babysitter, was potentially a danger to her own 3-month-old child. Because Rhodes said she acted out of frustration during the incident regarding a 10-mont-old in her care, the judge said no court order could prevent her from acting in the same manner again.

But he also said he didn’t think Rhodes was a “serial child abuser” either. Rather, he said, it appears, based upon the reports and the evidence in court, that Rhodes became overwhelmed with the infant because she wouldn’t stop crying.

Rhodes’ attorney asked the judge for a home confinement order, but Asbury said that it wasn’t fair or proper to ask five of Rhodes’ family members to watch her around the clock while on home confinement. Reason being, the temptation to allow Rhodes access to her own child, whom she was breastfeeding, was too great.

Rhodes faces a single count of first-degree murder for the death of a baby girl last month. According to charging documents, she “applied pressure with a foreign object” to the child, knowing that such actions created a strong probability of death or great bodily harm. Rhodes faces up to 100 years in prison, if convicted.

According to a one-page probable cause statement filed in Tazewell County Circuit Court, the parents of the young girl dropped her off at Rhodes’ apartment on Florence Avenue where she was babysitting three other kids on June 26.

At some point, officers were sent there on a report of an unresponsive child. The baby was rushed to Carle Heath – Pekin, where she was later pronounced dead.

The foreign object was a “lovey,” a blanket with a small stuffed animal attached to it. Rhodes allegedly held the lovey against the child’s face until the baby closed its eyes. Later, a forensic pathologist ruled out medical issues impacting the baby and later, determined that the cause of death was asphyxiation, the probable cause statement said.

Speaking from the bench, Asbury said the child likely struggled against being suffocated, adding, investigators found vomit from the child on the blanket. Part of Asbury’s decision was based upon the notion that infants are among “the most vulnerable people” within our society and can’t speak or walk away when being mistreated.

Asbury also said the lack of involvement of the state’s Department of Children and Family Services played a role.

Had the agency been involved and been there to supervise visits with Rhodes’ own child, which could have been a factor in the 10-month-old’s death. But it wasn’t and asking family members who likely believed Rhodes’ version of events to restrict access to her own baby was unreasonable.

The ruling by Asbury to detain Rhodes allows the case to remain open within the Tazewell County Circuit Court system until further notice.

Attorney Luke Taylor said Rhodes’ next court date for appeal of detention was set for Aug. 15.

WMBD can be reached at [email protected].