Prosecutor Says Mom Had Multiple Men Involved In Baby’s SA/Murder In Order To Get Re-Elected

Prosecutor Says Mom Had Multiple Men Involved In Baby’s SA/Murder In Order To Get Re-Elected

Middlesboro, Kentucky, is a small community with a population of less than 10,000. It is located between the Pine and the Cumberland Mountains, nestled within an enormous meteorite crater which is the Middlesboro Basin. Middlesboro is the only city within the continental United States that was built within a crater and the largest city in Southeastern Kentucky. But it’s also where a girl named Elena Rosalie Hembree was born on February 20th, 2022. Her parents, Erica and Trey, were both only 19 at the time of her birth. Elena was a bright, blue-eyed baby with round, chubby cheeks and sandy brown hair. She was described as goofy and always laughing by her family. Elena also had an older sister who reportedly lived with her grandparents.

Elena’s mother’s social media showcased multiple videos of her dancing with her child, soundtracked to sentimental music. Erica Lawson’s TikTok specifically appears to have been removed, but clips from her account have been uploaded and continue to circulate on the platform, as well as on YouTube. As young couples often do, Erica Lawson and Trey Hembree ultimately separated not long after Elena’s birth. After relocating to Mount Vernon, roughly an hour and a half drive north of Middlesboro, Elena’s mother maintained primary custody of Elena.

However, some concerns regarding Elena’s welfare began to arise in the late spring and early summer of 2023. It was during this period when Erica Lawson’s uncle reported signs of CA (child abuse) to the Middlesboro Police Department. According to these reports, her uncle allegedly witnessed burns on Elena’s knees as well as bruising on the child. The police responded to these allegations but were unable to locate the child or her mother when attempting to make contact.

Only a few weeks after the reports of CA surfaced, Erica brought her 17-month-old daughter to the Middlesboro Appalachian Regional Healthcare Hospital on July 28th, 2023. The child’s mother informed hospital staff that Elena was having trouble breathing. Allegedly, Elena had been struggling to breathe for upwards of 45 minutes before her mother decided to seek medical attention. Shortly after arriving at the hospital, it was evident that her condition was dire, and Elena was airlifted to East Tennessee Children’s Hospital in Knoxville, Tennessee.

It has since been reported via social media that Erica Lawson drove to the hospital in her vehicle, while the child’s father, Trey, and his parents accompanied Elena in the helicopter. The baby was placed on a respirator and stabilized by medical staff, but tragically, Elena failed to show any brain activity not long after arriving in Tennessee. Two days after being brought to the hospital, Elena Hembree passed away on July 30th, 2023.

A currently unverified Knox County forensic document circulating on TikTok states that the child allegedly suffered skull trauma and had widespread bruising, which included the child’s anal region. The nature and area of the bruising suggested that Elena suffered not only physical violence but SA (sexual assault) as well. The police were immediately notified of the toddler’s death, and 21-year-old Erica Lawson was subsequently arrested.

Elena’s mother was charged with manslaughter, criminal abuse to a child under 12 years old, failure to report CA, and wanton endangerment. Now, wanton endangerment refers to any crime that involves reckless or wrongful conduct creating the risk of death or serious injury to another. Days later, on August 4th, the Middlesboro Police Department released a statement regarding Elena Hembree’s death on their Facebook page. In addition to the evidence gathered in the investigation, DNA samples were taken from multiple subjects questioned in the case. The Middlesboro Police Department stated that these DNA samples had been sent out for testing, emphasizing that law enforcement was making every effort to ensure that proper protocol was being followed to bring those responsible to justice.

Meanwhile, the police urged the public to be patient. The Middlesboro Police Department claimed that the DNA results could take up to a year to return due to the number of samples and the complexity of the case. While building their case, the state alleged that Erica Lawson had failed to provide aid to the child after learning that Elena was struggling to breathe. Also on their Facebook page, the Middlesboro Police Department insinuated SA had occurred in the time leading up to Elena’s death. For obvious reasons, this caused an uproar on social media, with individuals online wishing death upon the child’s mother, Erica Lawson.

On August 22nd, after waiving a preliminary hearing date, Erica Lawson was indicted on four counts, including murder. The other counts were failure to report child dependency, neglect or abuse, criminal abuse, and wanton endangerment. This last charge, the state alleged, was regarding her alleged drug use while Elena was under her care. That same day, prosecutor Lisa Fugate proudly touted on her Facebook page the following quote: “Today I had the privilege of presenting the case against Erica Lawson to a Bell County Grand Jury. I’m proud to say Erica Lawson now stands charged with the murder of her 17-month-old baby.” The post included a screenshot of the newly filed indictment.

The thread that ensued underneath this post exhibited the strong bias that had already formed amongst the Middlesboro community regarding the alleged factors involved in Elena’s death. The citizens demanded to know the names of other culprits they thought were potentially involved and what their charges would be. In response, Commonwealth’s Attorney Lisa Fugate promised the public that the DNA analysis was being expedited. The prosecutor boldly said that the results were going to come any day and that those involved would be brought to justice.

On September 5th, 2023, Erica Lawson was officially arraigned. The Commonwealth announced its intention to pursue the death penalty by filing a motion of aggravated circumstances in the case. This was boasted once again by Lisa Fugate on social media. Prosecutor Fugate promised the public that the Commonwealth would get the death penalty for Erica Lawson—a vow she continued to post over the next few months. This social media activity would inevitably become a major part of the defense’s exhibits in future proceedings.

On January 25th, 2024, the defense counsel for Erica Lawson filed a motion to strike what they were calling a “defective indictment” against the defendant, in hopes to remove the death penalty. The motion argues that the case was rushed by the state, but also highlights the aforementioned social media posts by prosecutor Fugate as well as the police. The document goes on to state that prosecutor Fugate posted several times on her Facebook account that Erica Lawson allowed and solicited SA with multiple men while in the custody of her daughter. As of the date of this recording, it is uncertain which claims are true. The state attorney did make these posts before any actual evidence of SA was returned from the forensic labs. The motion also noted that prosecutor Fugate was seeking re-election as the Commonwealth’s Attorney at the time these posts were made.

The defense’s motion also exhibits the forensic DNA results conducted by the KY Central Laboratory Branch after they had conclusively been returned. Those lab results distinctly showed that no male DNA was found during the examination of the child’s body. The test also shows the completion date of August 2023. The motion goes on to claim that the results were requested multiple times by the defense counsel, and it took the Commonwealth of Kentucky five months to disclose this evidence, despite the DNA test having been completed months earlier. Sometime on or after August 23rd, 2023, the Commonwealth’s Attorney made social media posts that DNA results were coming and arrests would be made. What the Commonwealth did not include in these posts was that the results indicated a complete absence of male DNA in or on Elena’s body. These results were available in August of 2023 but mysteriously were only recently disclosed to the defense.

The defense’s motion regarding the death penalty request was postponed; however, they were granted the ability to review the newly acquired evidence without anyone from the Commonwealth present, which was also requested. Despite her social media behavior being targeted as misconduct by the defense, prosecutor Fugate took to Facebook yet again and said, “Testing is not complete on that, that’s absolutely untrue. There’s actually been, I want to say, four male DNA—what we call buccal standard DNA standards—in order to compare that DNA that’s pending right now.”

Despite prosecutor Fugate’s claims, on March 20th, 2024, the Middlesboro Police released a significant development publicly in this case, submitting to the fact that no male DNA was found after the analysis was conducted by the Kentucky State Police forensic lab: “Breaking news tonight at 7 is the Middlesboro Police Department releasing a quote ‘significant development’ tonight in the investigation of the death of baby Elena Hembree. Hembree was the 17-month-old child at the center of a police investigation where police say she died following child abuse in Bell County last July. The Middlesboro Police Department says tonight that after an extensive investigation and DNA results, the Kentucky State Police forensics lab found a lack of male DNA in the analysis. Additionally, after the release of the autopsy report, Hembree’s cause of death is now determined to be non-accidental blunt force trauma. Officials previously saying they have never seen a case of abuse this severe in a child this young. We’re going to continue this story for you as the days go on.”

The Middlesboro Police Department also revealed that the autopsy report conducted by the Kentucky Medical Examiner’s Office cited the cause of death of Elena as non-accidental blunt force trauma. Law enforcement assured the public they now had the evidence needed to go forth with the case, and that they were now working with the FBI.

In May of 2024, the defense counsel for Erica Lawson put forth another motion for a change of venue due to widespread misinformation and public outrage toward the defendant. Erica Lawson’s defense attorneys established concerns for the defendant’s safety due to multiple death threats arising on various social media platforms. The defense’s motion argued that having the proceedings in Bell County, where the alleged crime occurred, will almost ensure a mistrial. The defense counsel has since spoken to both local news outlets and People magazine, emphasizing the weight of social media in this case, considering the astronomical amount of online views attached to what they considered to be false information.

As of the date of this recording, neither the motion to remove the death penalty nor the motion for change of venue has been ruled upon by the Kentucky Circuit Court. The former has been continued several times. Erica Lawson is currently being held on a $1 million bond in the Bell County Detention Center in Pineville, Kentucky.

On August 1st, 2023, a memorial was held for baby Elena in downtown Middlesboro. The community released balloons and rallied for justice for baby Elena. The grandparents of Elena reported to a local news station that Elena was an angel. The victim’s father, Trey Hembree, who was not considered a suspect, told the local media that his daughter’s death happened in the blink of an eye:

“I cannot imagine what you’re going through. You’re going through something no father should ever have to go through. Parents never have to go through a death of a child, man, I’m sorry, it breaks my heart. And I’m going to keep it short, but man, I promise you you’re in good hands, and I know how good our God is and we will continue to do it, you know… This is just an unforeseeable thing that I hate this is, but we’re gathered here today. It is so good to see all of our community out here gathered to support this young man, this family. Thank you all… Nobody wants to have to bury their child. Seeing how many people showed up has got to be a blessing to the family, that the community has their back and supports them. You know, I didn’t really have any kind of message or anything to portray, just the Lord moved upon my heart Monday morning and you know that we needed to come together as a community to console and to lift up and encourage the family, and pretty much put out a challenge to the community that if they see something that ain’t right, say something. Let people know that this ain’t adding up, this is not going on right. So we just want people to be more alert, people to be more engaged, to know their neighbor, to know what’s going on in the house across the street, be nosy. You know, we don’t want this to ever happen again in this community or anywhere else. The happiest thought the rest of my life, I couldn’t tell you. It’s not even hit me yet. I don’t think I even know how to cope with it yet, how to grieve yet. I’ve not had 5 minutes. But you gotta stay strong with everybody else until we get justice, that’s it. Do justice for my daughter. Thank you so much.”

A Facebook group known as “Elena’s Army” was soon created and is a driving force in the “Justice for Baby Elena” movement on social media platforms. On September 23rd, 2023, the group held another vigil outside of the Middlesboro City Hall, urging the community to keep fighting for baby Elena. Supporters expressed the need for urgent lawful action against the perpetrators that members of the group believed were culpable based on alleged evidence shared within the online community. A former caretaker of Elena spoke at the rally, describing their former morning routine together. They said:

“Every morning she got up, she would crawl or walk across the hall to my room, and I’d leave my door cracked, and she would come sling it open so hard it would bounce off the wall. I’d roll over and I’d tell her every morning, ‘Good morning beautiful, are you ready for breakfast?’ We would go downstairs, and nine times out of ten I fixed her half-dollar-sized blueberry pancakes so she could hold them in her hands, and me and her would have breakfast every morning.”

A petition that can be found on change.org for the passing of “Elena’s Law” was created by two sisters from Middlesboro, which calls for harsher penalties for CA in the state of Kentucky. This would include the death penalty for offenders of children under the age of 12. Currently, the petition has over 24,000 signatures from registered voters within the Commonwealth of Kentucky.

On what would have been Elena’s second birthday, hundreds gathered again in Middlesboro Center for a candlelight vigil on February 20th, 2024. The mayor declared the date “Elena Hembree Day” in memory of her. Signs proclaiming “No Justice, No Peace” hung from the center of the table adorned with photos of the baby, candles, flowers, and stuffed animals. Locals donated meals to the event as well as to the families of Elena. That day, a local citizen addressed the media and stated that he had never heard of such a heinous crime committed against an innocent baby, but that he had never seen such immense communal support. Another citizen lamented that, as a mother, she could not imagine such an atrocity.

There are several groups on Facebook that have formed in regard to justice for baby Elena. They were formed by several concerned citizens from both within and outside the Middlesboro community. There’s also another petition on change.org created by Benji Baldwin, a man who resides a few hours outside of Middlesboro. Benji is the father of Emma, a toddler who was killed in 2012 by her mother and then-boyfriend in a similar case. Benji was the founder of the group “Justice for Emma,” which eventually became “Justice for All Kids” and has since shifted its focus to Elena’s cause. There have been several other vigils, petitions, social media groups, and message boards created in Elena’s name.

Erica Lawson’s case has spread like wildfire amongst the True Crime TikTok community, fueled by Facebook groups and supposed insider information shared across platforms. One of the rumors circulating on social media asserts that Elena had suffered burns from a pipe used to smoke crystal meth. Another alleges that the child had been Narcan’d several times. The most pervasive and monstrous allegation against Erica Lawson claims that the mother allowed six men to SA her infant daughter. This has been promoted by many influencers, some of whom have thousands to millions of followers. Some go as far as to say that Erica Lawson sold her daughter to men in exchange for drugs. Social media allegations have been made that four to six of the suspects are currently in police custody and that two men are still walking the streets. Many citizens also claim to know who these men are. Cries that these alleged male perpetrators be brought to justice is an incessant demand of social media posts involving justice for baby Elena. These posts continue as of the date of this recording.

An alleged text message screenshot between the child’s parents has circulated within these groups and showcases the mother stating that an individual had assaulted Elena. A recording of a phone call between Elena’s father, Trey, and another alleged perpetrator has spread across various platforms as well. Another claim involves an acquaintance of both parents who was allegedly seen by Trey with a bloody baby footprint on his shirt shortly after visiting with Erica Lawson. It’s vital to note that aside from the official cause of death and the lack of male DNA regarding an SA, none of the aforementioned details surrounding Elena’s death have been verified as fact.

Erica Lawson’s defense counsel’s aforementioned January motion is one of the only court documents that is publicly accessible. This motion to dismiss and remove the death penalty references the prosecution’s delay in providing any of the promised evidence to the defense regarding proof of the aggravated circumstances. As it currently stands, no proof of aggravating circumstances has been produced by the Commonwealth. The motion also references the Commonwealth’s prosecuting attorney utilizing the Lawson case and the pursuit of the death penalty as an attempt to garner support for her upcoming re-election, which she lost to her opponent in May of 2024.

Little to no information is publicly available regarding Erica Lawson herself, aside from the alleged involvement in Elena’s death. However, Facebook groups and various unverified social media sources alleged that the child’s mother struggled with substance use before her arrest. This theory may have arisen from Elena’s father, Trey, regarding his past criminal history. In 2020, the child’s father was arrested and hit with a first-degree drug charge for possession of crystal meth. In addition, he was charged with receiving stolen property under $10,000 regarding the stolen vehicle he was driving at the time without a license. It’s also crucial to note that Trey was never considered a suspect in his daughter’s murder; however, he was arrested in August of 2023 for possession of weed at a local Walmart.

In terms of what to expect next in this case, Greg Coulson, Erica Lawson’s defense attorney, released a statement regarding what he calls misinformation being spread about his client on the internet. He said, and I quote: “We cannot contribute to the circus that has been created in this case. Rumor and speculation rarely lead to the truth. We ask the community to let the legal process work and be confident that the real facts will come out.” This same social media rumor mill is the crux of why the defense is currently seeking a change of venue outside of Southeast Kentucky. It’s also important to note the FBI is now involved in the case as well, meaning more developments are sure to come as the investigation unfolds, and we’ll keep an eye out for updates as they become available.

Although the Commonwealth of Kentucky has seen a drop in CA and neglect since 2018 by 48% according to the child maltreatment report released in 2022, the state does have a 60% higher rate of it than the rest of the country. Elena was cremated by her family. A comment on her obituary reads as follows: “That humans can do these things with no conscience leaves me with no words. What words could ever explain this? Better to be dropped in the deepest part of the ocean with a millstone around their necks than to harm the little ones that belong to me. Play with the angels, Elena, your suffering here is over now.”

As of the date of this recording in August of 2024, there is no set trial date just yet. As far as we, the public, are concerned, the Commonwealth of Kentucky fully intends to pursue the death penalty against Elena’s mother, Erica Lawson. She is currently being held on a $1 million bail. It has been established that Erica Lawson is the prime suspect and is suspected to be responsible for Elena’s death, with her cause of death being listed as a non-accidental brain injury. However, we just don’t know how or to what extent. Now keep in mind, Erica is considered innocent until she’s found guilty in a court of law. However, the issue in terms of Elena receiving justice is the premature release of unestablished evidence on social media by both the state and local police, which could very well jeopardize the entire case against Erica if the result is a mistrial. These missteps in the investigation may inadvertently allow a baby killer to walk free. Let’s hope not, as this case is still unfolding.