Coast Guard Mother Exonerated of Baby’s Death is Still Imprisoned

Katie and Scarlett. Photo courtesy of Kate Richards.

In America, we depend on the military personnel to protect our freedom. For 25-year-old Coast Guard Petty Officer 2nd Class Kathleen Richard, it’s the military that’s robbing her of her freedom.

In February 2022, Kathleen Richard was convicted of involuntary manslaughter for the death of her 5-month-old daughter, Scarlett Astrid Flores-Guerra. March 5, 2024, Judge Kurt Brubaker of the Coast Guard Court reversed the decision.

So, Kathleen should be free, right? Wrong. Instead, Kathleen is still incarcerated. The military can hold her for up to 60 days after the exoneration in the event they wish to appeal.

Kathleen has been behind bars for over two years at Naval Consolidated Brig Miramar in California. In a state known for abundant sunshine, Kathleen’s world is filled with darkness, uncertainty, and utter sadness. She credits her relationship with God as the only thing keeping her going.

On April 20, 2020, Kathleen was stationed in Kodiak, Alaska with her husband and adorable 5-month-old daughter, Scarlett. That morning, she danced around their home with her infant while talking on the phone. Later that day, Kathleen and a friend were folding clothes on the couch while Scarlett was down for a nap in the next room. They smiled at each other when they heard Scarlett cooing.

Kathleen’s husband came home and told Kathleen to take a break. Kathleen and her friend went out for coffee. Meanwhile, her husband used Facetime to chat with his sister and did tequila shots to celebrate her birthday.

When Kathleen returned, Scarlett was lifeless in her crib.

They rushed Scarlett to the hospital as Kathleen’s husband performed CPR. Kathleen left her purse, shoes, and keys in the car as they raced inside. But it was too late. Scarlett was deceased. The cause of death was believed to be from asphyxia, an umbrella term that includes SIDS.

The United States Coast Guard Investigative Service (CGIS) began investigating to determine if Scarlett’s death was an accident or homicide. They sent Kathleen to an in-house medical treatment center. They put her on suicide watch. “I told them, “I never said I was going to commit suicide. I shouldn’t be here. I should be able to talk to my husband,’” Kathleen told me in a recent interview.

Kathleen’s civilian defense attorney, Billy Little, Jr., said once Kathleen and her husband were separated, “They convinced her husband that their baby had been murdered, and Katie did it. They targeted her almost from the outset.”

The two quickly divorced.

Kathleen was charged with murder, although the emergency staff noted there were no signs of abuse. She was convicted of involuntary manslaughter. Now that an appellate court has exonerated her, she is still being punished for a crime she didn’t commit.

“Right now, what we have here is an innocent service member sitting in solitary confinement. It’s bizarre,” said Billy Little, Jr. He claims the investigation was shoddy from the beginning, noting they threw away evidence including the bedding and clothing Scarlett was wearing. “I could go on for days about the mistakes. It was a travesty. They’d never done a murder investigation before. They didn’t know how to do a murder investigation.”

Her husband didn’t face any charges. “They treated us totally differently,” said Kathleen.

Kathleen suffers from PSTD, depression, and anxiety. “I haven’t had a single session of trauma therapy since I’ve been here,” Kathleen said. She estimated she has submitted about 20 requests.

“I went from being a good Coast Guard member, a good mom, a good wife – I had great friends – everything was good. Then my baby passed away and my life was destroyed,” Kathleen said.

Kathleen has not had a chance to grieve.

“I’ve been through unbelievable hell,” said Kathleen. “My name is absolutely trashed. My job is gone. My ex-husband is gone. Tons and tons of money is gone. They put all my expenses for these trials on my own government travel card and didn’t tell me and then didn’t pay it for a year. Not only did they put me wrongfully in prison, but they also bombed my credit, took all my money, ruined my reputation, made everyone think I am a murderer.”

Along with wanting her name cleared, her freedom back, and the ability to heal with her family, Kathleen said, “I would also appreciate prayers for Scarlett and me and our grief. And prayers this never happens to a military person or a civilian person again.”

If you believe Kathleen Richard should be freed now that she has been cleared of all charges, call your congressman, and share this article on social media to raise awareness on her plight. I’d love to read your opinions in the comments.