A Mount Airy woman charged in the fentanyl-related death of her infant son recently tested positive for fentanyl, after telling a judge through her attorney she’d been clean since her son’s death.
The Frederick County State’s Attorney’s Office on Monday sought to have Heather M. Frazier’s bail revoked after learning she tested positive one day after her release July 26, according to Assistant State’s Attorney Brett Engler.
The 34-year-old Frazier, who is pregnant, and her husband Jeremy W. Frazier, also 34, are charged with involuntary manslaughter and child neglect in the July 2020 death of 2-month-old Grayson Frazier. The state’s attorney’s office has alleged the baby’s bottles were prepared in the same room where drugs, including fentanyl, were used by the parents.
In court, Engler zeroed in on the results of Heather Frazier’s drug test and how they conflicted with the story of sobriety the judge had been told. Engler said Heather Frazier previously claimed — through her attorney — to have been sober since Grayson Frazier’s death on July 3, 2020. Judge William R. Nicklas Jr. previously permitted her to be released on $20,000 secured bond, requiring her to stay with her parents, abstain from drugs and alcohol and submit to drug testing.
On July 28, the Frederick County Pretrial Services Program obtained the results from Heather Frazier’s July 27 drug test, according to the state’s attorney’s office, and found she tested positive for fentanyl while approximately 15 weeks pregnant.
Public defender Ashley Sener argued there is no evidence to prove Heather Frazier used fentanyl after Nicklas set her bail and ordered her to abstain from drugs, stating she could have used fentanyl prior to then and still tested positive. Fentanyl can be detectable through a drug test up to 72 hours after use, according to the state’s attorney’s emergency petition to revoke bail. Sener further stated Frazier has been following the conditions of her pretrial release.
Engler acknowledged the timeline of the drug test, but she asserted the state believes Frazier should be held in confinement for her and her unborn child’s safety.
“We are very concerned,” Engler said.
Judge Scott L. Rolle made clear he didn’t appreciate the dishonesty regarding Heather Frazier’s sobriety and questioned how he could be certain she won’t continue using while out on bail.
“Now there’s a child that could be in danger,” Rolle said.
At Rolle’s request, the attorneys on Monday contacted pretrial services to determine how frequently Heather Frazier could be tested for drug use. After an hour recess, Engler told Rolle testing is available during the week but not on weekends.
Rolle turned to Heather Frazier, who stood next to her counsel wearing an orange and white detention center uniform.
“I’m not gonna test positive,” Heather Frazier told him.
Rolle warned he would put her back in jail if she does. Frazier’s father said he’d bring her in himself if that would occur.
“This is a big deal to me,” Rolle said before denying the state’s petition to revoke bail. He ordered Heather Frazier be drug tested as often as possible.