Mother appeals conviction in infant’s death by contaminated breast milk

Numerous errors were made before and during the trial of Jennifer Travinski, who was convicted by a Luzerne County jury of killing her 16-day-old daugther with breast milk contaminated with fentanyl, her appellate attorney claims.

Attorney Robert M. Buttner recently filed his reasons for the appeal filed with the Pennsylvania Superior Court challenging Jennifer Travinski’s conviction on charges of third-degree murder, aggravated assault of a child, child endangerment and possession with intent to deliver a controlled substance.

A jury deliberated for less than one hour before convicting Jennifer Travinski, 47, on the four charges following a four day trial before Judge David W. Lupas in December.

Lupas sentenced Jennifer Travinski to 26 years, six months to 53 years in state prison.

Pennsylvania State Police at Wilkes-Barre charged Jennifer Travinski and her husband, Gary Travinski, 42, after a lengthy investigation into the death of Ayra Travinski at Lehigh Valely Cedar Crest Hospital on Nov. 28, 2021. Ayra was found unresponsive the day before inside the couple’s home in Larksville.

Forensic pathologist Dr. Edward Mazuchowski testified during the trial that Ayra ingested fentanyl from breast milk and Lehigh County Coroner Daniel A. Buglio testified the infant died from adverse effects of fentanyl exposure complicating acute pneumonia.

Buttner, in challenging the jury’s conviction on appeal, believes evidence presented to the jury was insufficient to support the guilty verdicts and Jennifer Travinski’s daughter, Abigail Pero, was wrongly permitted to testify.

Abigail Pero testified she was on a weekend vacation in August 2021, with Jennifer Travinski when she had to take her mother to a hospital. Pero told the jury her mother was 23-weeks pregnant at the time with Ayra and learned at the hospital in Delaware that Jennifer Travinski was esperiencing drug withdrawal symptoms.

Buttner said Pero’s testimony was prejudicial toward Jennifer Travinski.

Buttner further claims an error was made when the cases of Jennifer Travinski and Gary Travinski were consolidated for trial despite Gary Travinski being charged with only endangering the welfare of a child.

Gary Travinski pled no contest to the child endangerment charge and was sentenced by Lupas to two-to-four years in state prison.

Buttner claimed in his appeal Gary Travinski was the caretaker of Ayra when the infant became unresponsive inside the Larksville home.

It could take more than a year before the Superior Court makes a decision on the appeal.

First Assistant District Attorney Anthony Ross and Assistant District Attorney Carly Levandoski prosecuted.