BROOKINGS – A judge granted a motion Tuesday to allow a defendant to have supervised visitation with his minor children at the Brookings County Detention Center.

Robert Price Jr., 28, is charged in connection with the malnourishment and dehydration death of a 2-year-old girl in Brookings last July.

Price and Renae Fayant, 26, are facing felony indictments of second-degree murder, first-degree manslaughter and abuse or cruelty to a minor under age 7 in the July 31 death of Fayant’s niece, Esperanza Maria Fayant, who was in their care.

Both defendants remain in the detention center awaiting trial and are being held on $100,000 cash-only bond.

Defense attorney Michael Butler said Tuesday that Price was seeking visitation with his minor children, ages 3 months and 19 months, who are currently in the custody of relatives. The visitation would be in accordance with jail policy, with no personal contact and Price and the children separated by a glass partition and communicating over a phone. Jail personnel would report any bad behavior, and the children are not witnesses in the case.

The children’s guardians are supportive of the request, he added.

“Due to the age of the minor children, there is no meaningful reason to deny visitation conducted in accordance with detention center policies in place for all inmates,” Butler wrote in his motion. “Defendant seeks no special treatment by this request.”

Brookings County State’s Attorney Dan Nelson requested that Circuit Judge Greg Stoltenburg deny the motion.

“The allegations against the defendant relate specifically to his treatment and contact with a child in his previous care and custody. Since the defendant is charged with murdering a child of similar age, it is not in the best interests of the two minor children to have contact with him,” Nelson wrote in his response to the defense motion.

“Further, any attempts at reunification of the defendant with his children should require successful completion of significant treatment and behavior modification type programming prior to any supervised visitation. By granting supervised visitation without the defendant first completing the aforementioned treatment and behavior modification, this case would become inconsistent to standards set forth by the Department of Social Services and other cases involving allegations of violence against children.”

Nelson said allowing visitation would set a bad precedent, and society doesn’t want someone accused of murdering a child to have contact with any child.

Butler said his client should have the presumption of innocence, and he questioned whether the charges Price is facing are considered violent offenses.

Stoltenburg said he didn’t see a danger to the children and granted supervised visitation at the jail in accordance with Brookings County Detention Center policy.

The judge noted that granting the motion does not modify the condition that if Price is able to post bond and is released, he cannot have contact with any minors.

Brookings Police received a 911 call from Renae Fayant that her niece was unresponsive and not breathing July 31, Nelson said in August. The call came in at 3:55 p.m., according to a report from Brookings Police. The girl was pronounced dead at the scene.

Nelson said at an August press conference that the girl was living in disturbing conditions, confined to a small area of the home and being deprived of food and water for an extended period of time. Human and animal feces were found throughout the home, he added. Dirty diapers were in the dining room, and rotting food was in the kitchen.

Contact Jill Fier at jfier@brookingsregister.com.