Day, Six appear in court for hearing (2024)

On Monday morning, Shila Day, left, and Noah Six’s lawyer, Shawna Landaker, right, watch Day’s lawyer Matthew Molica, center, shows a stack of documents he received from the Washington County Prosecutor’s office as part of discovery as a measure of the long time expects the case to take as one of the reasons he is asking for Day’s bond to be modified to a personal recognizance bond where she can be released from jail into the care of her parents. (Photo by Michelle Dillon)

MARIETTA — Marietta residents Noah Six and Shila Day, who are each charged with involuntary manslaughter and reckless homicide in the death of their 5-month-old daughter Luna Rayne Six, had hearings about modifying their bonds Monday, where a bombshell was dropped.

Six and Day were indicted Feb. 14 on eight counts each, including involuntary manslaughter and reckless homicide, both felonies, in the death of Luna Six.

The cause of death for the girl was listed as complications from dehydration and malnutrition and was contributed to by an unsafe sleeping environment.

Six appeared with his attorneys Shawna Landaker and Susan Bean and Day appeared with her lawyer Matthew Molica.

The motion to modify bond filed for Six states that he has two previous misdemeanors in his record but there is no evidence that he won’t show up for court, nor did he run during the month it took to investigate the case and he has cooperated with investigators.

From left, Shila Day, Day’s lawyer Matthew Molica, Noah Six’s lawyer Shawna Landaker, Six’s lawyer Amy Bean and Six wait for a hearing on modification for bond for Day and Six to start on Monday morning. (Photo by Michelle Dillon)

During the hearing Landaker argued that Six is not a danger to children or capable of neglecting any children because there are no children in his custody.

The motion to modify bond filed for Day listed the reasons for asking for the bond to be amended as there is no risk of Day going on the run or not appearing in court and that she is not a danger to public safety.

It also states she has no criminal record and cooperated with police in the investigation and did not take off the three months it took from the start of the investigation to her getting arrested. During the hearing Molica argues that Day is not a danger to children because her two children are in the custody of children’s services.

The shocking announcement came when Molica said that the prosecutor was going to tell the court that Day is pregnant.

Washington County Prosecutor Nicole Coil then announced, “It is my understanding (Shila Day) is pregnant.”

Coil said that Day was being portrayed as a good mother but when Day’s two older children were born they had high levels of THC in their blood and she was marked as late prenatal care in her records when she was pregnant with Luna Six.

Coil mentioned that in recorded jail calls Day has been heard complaining about the jail “forcing” her to take prenatal vitamins and “forcing her to pay for them.”

Molica called Marietta Police Detective A.J. Linscott, the lead investigator in the case, and Akron Children’s pediatrician Dr. Judy Carlson, who was Luna Six’s pediatrician, as witnesses. Coil objected to them being called as witnesses because she said the subpoenas for both were sent very late and they did not have time to prepare or look at their records.

Kerenyi noted her objections but overruled them.

While being questioned by Molica, Linscott told about how he found Luna Six deceased in Day and Six’s apartment and that the place was dirty, that there was roach droppings, trash and a lot of empty alcoholic beverage bottles in the trash.

Molica asked Linscott to confirm that Six had gone to get his neighbor that had medical training when he found Luna Six dead and if he and Day seemed upset when he questioned them about their daughter being dead. He confirmed that Six did go get the neighbor who had medical training and that both him and Day seemed upset when he questioned them.

When answering Molica’s questions Carlson confirmed that it was mostly Day that took Luna Six to appointments and that her staff once said they smelled marijuana on her at an appointment.

Carlson also confirmed for Molica that Luna Six was consistently under the 3% for weight while she treated her and that she thought her failure to thrive was due to feeding issues. When Coil questioned her she confirmed that Day and Six could have called her office if they had any questions or confusion about the weight gain formula their daughter was on and that if they had trouble affording the formula they could have contacted Carlson’s office for help.

Molica stated the purpose of calling both witnesses was because one of the reasons Coil was asking that Day not be released on a personal recognizance bond was because of the severity of the crime.

He asked Carlson a series of questions about Luna Six. Carlson told Molica that on Aug. 24, 2023, Luna was diagnosed with failure to thrive and that there were regular checks on her weight and she was responding well to formula and that she thought the failure to thrive was due to feeding issues.

Molica said Day’s parents were outside and were willing to have her released to them and that they were asking Day’s grandfather, who they live with, if Six could also stay with them.

Coil said that she understood Day’s parents’ house to be “just as deplorable” as Day and Six’s apartment and that Day’s mother is not allowed around children.

Kerenyi said he wants Day’s parents to sign releases for the home to be inspected by Pretrial Services and Washington County Children’s Services to make sure it is a safe place for Day to “grow a human.”

He said after that there could be a hearing about whether to switch Day and Six’s bonds to personal recognizance bonds.

Another issue brought up during the hearing was that of a sealed motion. Molica said that Coil looked at a motion that said it was sealed on the docket and on the top of the motion but the actual motion was on the public website. He said the behavior may be misconduct, but was definitely “unethical.”

Coild admitted to looking at it because it was unsealed. Kerenyi said that either the court could hear the motions for bond modification or address the issue of the sealed motion, but did not have enough time scheduled for the hearing for both.

Molica chose to deal with the bond modification.

Michelle Dillon can be reached at mdillon@newsandsentinel.com