April 14, 2008 - 11:44PM

LINDELL KAY & MOLLY DEWITT
DAILY NEWS STAFF

Carolyn Futrell told an Onslow County jury she agreed that the 7-year-old girl she is accused of poisoning would not have ingested insecticide under normal circumstances.

Futrell, 37, of Wilmington, testified in her own defense Monday on first-degree murder charges related to the 2003 death of Kayla Allen.

Futrell said Allen was suffering from allergies and must not have smelled the chemical pesticides she drank Aug. 24, 2003. A Dasani water bottle with a mixture of the insect poison Atroban and water was found by investigators in the girl's bed between a bloody Barbie pillow and the headboard, according to previous court testimony.

"If she wasn't stuffed up and having allergy problems, I don't think she would have drank it," Futrell said.

Last week, William Kelly, the medical examiner that performed Kayla's autopsy the day after the girl died, said there was no indication Kayla had any mucus build up in her nasal cavities, which is usually the best indicator whether someone has allergies.

During cross-examination, Chief Assistant District Attorney Ernie Lee asked why Futrell neglected to call 911 immediately when she found Kayla not breathing, but instead called a friend.

Futrell said she needed "immediate help, and I knew it would take (emergency services) a while to get there."

When questioned about a 1998 incident in which hot sauce was used to punish one of her two sons, Futrell pointed the finger at Kayla's uncle, Jeff Allen, who was married to Futrell at the time.

She said it was Allen who used hot sauce as a method of punishment.

"Jeff had administered hot sauce to (the boy) for getting suspended from school for disrespecting a teacher," Futrell said.

As a result, the Onslow County Department of Social Services required Futrell and Allen to take parenting classes. The prosecution also asked Futrell about a report in which Futrell admitted to hitting Kayla when she was about 3 years old.

"I told (the social worker) I popped (Kayla) in the mouth one time for back-talking me," Futrell said. "And it didn't knock her off her feet; it was just a little pop to the mouth."

Lee also hammered away on the defense's claims that Kayla ate cereal shortly before she died, and the milk and the cereal might account for some of the volume in the girl's stomach - as opposed to poison. A toxicologist had testified he believed Kayla had eight swallows of poison in her stomach, based on the diameter of the water bottle and the volume of the girl's stomach contents.

Lee questioned Futrell about previous testimony in which different witnesses said Futrell told them different cereals Kayla had eaten for breakfast the day she died.

"She ate Fruity Pebbles," Futrell said.

"Was it Fruity Pebbles or Cocoa Puffs?" Lee asked.

"It was always Fruity Pebbles," Futrell said.

Lee then asked whether Futrell believed the other witnesses were lying and Futrell said, "They could be mistaken."

Closing statements will be given at 9:30 a.m. today.

Onslow County Superior Court Judge John W. Smith ruled that the jury will decide between a finding of first-degree murder, manslaughter, or not guilty.

Contact crime reporter Lindell Kay at lkay@freedomenc.com or 910-554-8534. Read Lindell's blog at http://onslowcrime.encblogs.com.

http://www.jdnews.com/news/futrell_56065___article.html/kayla_allen.html

Emphasis added by H4K Editor