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Lawyers ask court to set bond for poison-murder suspect

A Hendersonville woman accused of using poison to murder her adult daughter and in the attempted murder of her other daughter and that woman’s boyfriend is also the mother of two minor children, including a 3-year-old who was breastfeeding at the time of her arrest, according to a recent court filing.


In a motion to set conditions for pretrial release filed this week, Asheville attorneys Paul Bidwell and Dustin Dow say their client, 53-year-old Gudrun Linda Jean Casper-Leinenkugel, should receive a secured bond set by the court in part because she is the mother of an 8-year-old and a 3-year-old who are dependent on her and are now being cared for by family members.
“At the time of her arrest, the defendant was actively breastfeeding her youngest child,” according to the motion.
Casper-Leinenkugel has been held without bond in Henderson County’s detention center since the time of her arrest in January on charges of first-degree murder in the death of her 32-year-old daughter, Leela Livis, and with attempted first-degree murder of her younger daughter, Maija Lacey, and Lacey’s boyfriend, Richard Evan Pegg.
She was also charged with first-degree murder in the 2007 death of 42-year-old Michael Schmidt who lived in a camper on property she owned at her Schmidt Terrace address off Big Willow Road.
The motion filed on April 27 says that Casper-Leinenkugel should receive a secured bond set by the court along with several other possible conditions of pre-trial release. It argues that she is not a flight risk, is not a danger to the community, has serious medical conditions and needs the ability to assist in her defense.
The motion also notes that Casper-Leinenkugel has no prior criminal record and argues that the court should consider the weight of the evidence in the case.
“At this stage, the state’s case appears to rely substantially upon circumstantial evidence. Based upon discovery provided to date, there are material issues concerning causation, access and the timing of the alleged events,” according to the motion. “There is no direct evidence that the defendant administered any harmful substance to any alleged victim.”
The motion also asks that the court consider Casper-Leinenkugel’s health when determining whether she will receive a bond or other pretrial release conditions.
She suffers from serious and documented medical conditions, according to the motion.
“These conditions require ongoing and specialized medical management. Since her incarceration, the defendant has required emergency medical treatment and has been transported to the emergency room for treatment,” according to the motion. “Continued detention presents a substantial risk to the defendant’s health and well-being. The defendant’s medical care is coordinated through providers located in this community, further supporting her continued presence within the jurisdiction.”
Bidwell on Tuesday declined to say what medical conditions his client is facing.
“She has medical issues that make it difficult for the jail to care for her,” he said.
Casper-Leinenkugel is accused of putting acetonitrile, a common industrial organic solvent, into wine that Livis, Lacey and Pegg drank during a Thanksgiving gathering at her home on Nov. 30.
Livis was found dead in her home in Cullowhee the next day and Pegg spent six days in a hospital after falling ill shortly after the Thanksgiving meal.
Tests found acetonitrile in Livis’ body while cyanide, the metabolized version of acetonitrile, was found in Pegg’s blood.
Schmidt’s death certificate shows he also died from acetonitrile toxicity and mentioned “probable huffing.” His death was considered accidental in 2007.