After sheriff’s deputies could not find the woman who, along with her pre-teen daughter, is being sued in connection with the 2012 death of 3-month-old Brooklyn Foss-Greenaway, a Superior Court judge will allow the baby’s mother to give formal notice of the suit through a newspaper legal advertisement.

Nicole Greenaway is suing Amanda Huard, claiming that Huard failed to properly supervise her daughter, Kelli Murphy, who was alone with the baby when she died. Huard had been baby-sitting the infant, but left the baby alone with her daughter, 10 years old at the time.

Murphy was also named as a defendant in the 13-count civil suit.

Deputies from both Franklin and Somerset counties made multiple attempts to find Huard, but couldn’t, according to affidavits filed in Kennebec County Superior Court where the suit was filed. Now a judge has granted a motion from Greenaway’s lawyer to serve Huard by taking out a newspaper advertisement for three consecutive weeks.

The suit was filed by Greenaway, of Waterville, about a month after Kelli Murphy, now 12, admitted in May to unspecified misdemeanor charges in connection with the baby’s death on July 8, 2012.

According to court documents, civil deputies tried to find Huard at two known previous addresses: one in Fairfield and one in Jay.

The Fairfield home, on Center Road, is listed as Huard’s property, both on town tax records and on Huard’s Facebook page. The Somerset County deputy who tried to serve Huard in Fairfield said the home had been empty for two years, the power was off “and it was obvious no one lived there.”

A Franklin County deputy made several attempts to serve Huard at a Main Street apartment in Jay, but each time found no one home.

In civil suits in Maine, a copy of the complaint must be given to an adult at the defendant’s address by a sheriff’s deputy for the defendant to be given notice of the suit, but deputies have not been able to find anyone at the addresses they have for Huard.

Greenaway’s attorney, Sheldon Tepler, filed a motion to serve Huard by newspaper publication so that the case can move forward.

Greenaway repeatedly called for criminal charges to be brought against Huard arguing that she carried some responsibility for the death of a baby left alone with her daughter, but under Maine law a parent cannot be charged for the actions of a child.

A criminal case was brought against Murphy and settled on May 21 in a juvenile session of Skowhegan District Court.

As a result of the agreement, Murphy will continue to receive counseling and treatment under the supervision of the state Department of Health and Human Services until she is 18.

Following the verdict, Greenaway told reporters she felt the conclusion of the case did not provide justice for Brooklyn and filed the suit alleging Huard was negligent when she left Brooklyn alone with Murphy.

Murphy was served in the suit soon after it was filed and her attorney has filed an answer denying Greenaway’s allegations. Huard will have until Sept. 30 to file her answer in court if the legal notice is published three times as ordered by the judge.

Kaitlin Schroeder — 861-9252

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