A mother's former live-in boyfriend is indicted in the death of her toddler again, after an Anchorage judge previously dismissed the case against him.

Two-year-old Gabriella Marlow died on May 10, 2017. Prosecutors charged Marlow's mother, 38-year-old Stephanie Hamburg, and her boyfriend — 43-year-old chiropractor Timothy Hulsey — with manslaughter and criminally negligent homicide months later.

The charges against Hulsey were dismissed last year, but court records show they were refiled in September.

A bail memorandum alleges Marlow was born in California, but had lived with her mother in an Anchorage trailer that belonged to Hulsey.  

According to the court document, Marlow "became sick while she was out running errands with Hulsey. He returned her to the trailer, where her condition worsened." After a neighbor called 911, Marlow was taken to a hospital where she died the same day.

"The state medical examiner concluded that the cause of death was severe iron deficiency anemia with congestive heart failure," prosecutors wrote.

Marlow had been starved, according to police, who say she was fed almost exclusively cow milk and occasionally Dr. Pepper or shrimp cocktail sauce.

Police said the child was known to be a "fussy eater," but had not been taken to medical visits since she was nine months old. Hamburg allegedly feared the Office of Children's Services would get involved and possibly remove Marlow from her care if the child was seen by a doctor. 

Alaska's State Medical Examiner concluded 2-year-old Gabriella Marlow's death on May 10, 2017, was caused by severe iron deficiency anemia with congestive heart failure.

Shortly after the charges were announced in October, Hulsey was arrested, while Hamburg remained on the run for more than a month. 

In March 2018, Hulsey's defense attorney filed a motion to dismiss the indictment against Hulsey, arguing Hulsey had no "legal duty" to Marlow. 

Prosecutors disagreed. 

In an order dated April 23, 2018, Anchorage Superior Court Judge Kevin Saxby wrote that the Alaska Court of Appeals would find "insurmountable constitutional issues" with the indictment against Hulsey, based on its 1987 ruling in a similar case known as Olp v. State, in which it declined to assign legal responsibility to a child's stepparent. 

"Of the facts presented, there is no legal basis to assess criminal homicide charges against Mr. Hulsey for his tragic and woefully deficient part in the events leading to her death," Saxby wrote. "For the above reasons, the motion to dismiss indictment is granted." 

Months after the decision, in September of last year, prosecutors presented the case to a grand jury again and secured a second indictment on the same charges. 

In a second motion to dismiss the indictment filed on May 6, Hulsey's attorney said Hulsey had moved back to California and secured employment there. He argues the state doesn't have sufficient evidence against his client, and that prosecutors did not properly instruct members of the grand jury. 

Stephanie Hamburg. (Credit: APD)

The document includes portions of Hulsey's interviews with investigators, including a conversation in which he shared his thoughts with Hamburg on Marlow's whole milk diet: 

"Stephanie, it only makes sense, okay? Even if–even if we didn't give her vitamins, it's still, if you think about it, I was only eating plants and I–I lived for two years. There was nothing wrong with me...The doctors like almost s*** their pants when they my lab results...But I chose not to harass Stephanie about that and I chose not to choose to harass her and try to get her to–to live a lifestyle that I did. 

....

My rationale behind it is, is someone that eats meat or–drinks milk–mostly milk for me since we're talking about milk with a baby. If you're going to drink milk, the cow has to eat all the plants and all the nutrients that come from the plants go into the cow and come out the milk. 

....

So I don't see how you can be malnourished if the cow is eating the same things as me. And the cow...has a better life, you know, than I do." 

Hulsey said he attempted to claim Marlow and Hamburg as dependents when he filed his taxes in 2017, but wasn't able to obtain a copy of Marlow's birth certificate. 

The document states Hulsey also knew about several more of Hamburg's children who were not in her care:

"He also stated that Hamburg had 8 other kids, but Gabriella was 'the first one that [Hamburg] got to see beyond a year and a half.' [...] Hulsey said that Hamburg's other 8 children were with grandparents or family members, and that he did not 'know the legalities of it' but said that Hamburg had told him that 'some of her friends or family turned on her and basically, they caused it to happen.'" 

Hamburg recently had some success appealing a bail decision that would have required her to pay $2,000 in cash to be released before trial. 

However, prosecutors presented evidence that another inmate phoned Hulsey on Hamburg's behalf and the two co-defendants had contact via telephone.

Judge Saxby found the discussion on the calls to be concerning, according to log notes from an April 26, 2019 hearing. Hamburg's latest bail arrangement requires her to pay $1,400 in cash and wear a GPS-equipped electronic monitor if she is released.  

Copyright 2019 KTVA. All rights reserved.

RELATED NEWS COVERAGE: