will be petitioning the court on Thursday to release them from jail as they await trial, according to court documents.
Madison Bernard, 23, and Evan Frostick, 26, were arrested after Bernard says she took fentanyl and then fell asleep with her 15-month-old infant in bed next to her on May 9. The coroner ruled that Bernard went to sleep surrounded by"loose drugs and paraphernalia" and that the baby had somehow ingested fentanyl and died in what the medical examiner described as an accidental death.
The Humphrey case was spearheaded by then-San Francisco deputy public defender Chesa Boudin, who would go on to become the city's elected district attorney. Boudin was recalled by voters in June. Bernard and Frosdick have remained in custody on $100,000 bail. They have not yet entered a formal plea.