A Walpole, Massachusetts, home daycare owner was back in court on Thursday for a pre-trial hearing after being accused of attacking her husband with a baseball bat while children were in her care.
Diane Fenton, 58, was charged with assault and battery with a dangerous weapon and assault and battery on a family member. However, because three children were in her care at the time of the alleged incident, she's also facing three counts of reckless endangerment of a child.
According to Fenton's lawyer — whom she told not talk to media about the case — while they maintain she is innocent, he said there are still pieces of evidence he and Fenton have not seen yet, saying prosecutors have only handed over the police report.
Get Boston local news, weather forecasts, lifestyle and entertainment stories to your inbox. Sign up for NBC Boston’s newsletters.
He said before they go to trial, they want all the evidence the prosecution plans to use against her to review, as it states she may have been drunk at the time of the incident.
According to court documents, back on Sept. 20, she was taking care of three children ranging from six months to 4 years old, when her husband came home and allegedly found her intoxicated, so he confronted her.
That confrontation led to him being hit with her fists, police said, before she grabbed a wooden baseball bat and chased him.
Officers showed up to find Fenton in the middle of the road swinging that bat at her husband’s body.
Following a hearing the day after her arrest, Fenton was ordered to not drink alcohol or care for children under 14, according to court documents.
NBC10 Boston tried to catch up with her after her appearance on Thursday, but she declined to speak and drove off instead.
Fenton surrendered her license to operate a daycare this week in the wake of this investigation. She will appear back in court on Dec. 19.
