DAYTON, Ohio, Feb. 11, 2008
Mistrial Declared In Microwave Baby Case
Judge: New Witnesses Support Claims By Mother Accused Of Killing Her Baby In Microwave
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In this Jan. 23, 2007 file photo, China Arnold is shown in common pleas court in Dayton, Ohio. (AP Photo/Al Behrman/file)
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Judge John Kessler made the decision after hearing testimony privately from a juvenile who said he was at the apartment complex of defendant China Arnold on the night her infant died in August 2005. The judge did not give details about the juvenile's testimony.
Arnold, 27, showed little emotion when the judge announced his decision but appeared sad as she walked out of the courtroom and was returned to jail. Family members in the courtroom had no audible reaction but hugged one another in the hall as they were leaving.
Testimony was complete in the trial, and it had been on the verge of going to the jury. Kessler continued a gag order in the case, so neither prosecutors nor defense attorneys would comment.
The judge had also heard testimony from the father of the juvenile who said he was at the complex and was presented with affidavits from an adult witness. Prosecutors asked Kessler to reject the evidence, questioning its truthfulness, the judge said.
But Kessler said that the evidence is new and that the defense hasn't had a chance to investigate it.
Ordering the trial to move forward without considering the evidence would be instant grounds for reversal of any conviction, Kessler said.
Allowing the evidence during the final stages of the trial would deny prosecutors and defense attorneys a full opportunity to investigate it, he said. It could also affect how Arnold chose to confront other witnesses and influence her decision to testify or not, he said.
Kessler discharged the jury and ordered the case placed back on the court docket for further scheduling.
Police investigators believe Arnold killed the girl, Paris Talley, by putting her in a microwave at her Dayton home. Coroner's officials said the baby suffered high-heat internal injuries and had no external burns.
Arnold could face the death penalty if convicted. She has pleaded not guilty.
During the trial, prosecution witnesses said Arnold admitted that killing the baby by putting her in the microwave, that the baby was small enough to fit into the oven and that a sample of DNA found on the ceiling of the appliance matched that of the child.
Defense witnesses said that Arnold told them she had nothing to do with the baby's death and didn't know how it happened and that she expressed shock at being told the child might have been burned in a microwave.
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why lament??? is there an end to this atrocity??
we have a lot of ignorant people out there with full capability to produce "microwave ready" babies.
The root of this lies in the welfare system that still has not been fixed, and allows a poor (and I don''t mean that in the monetary sense) parent to CONTINUE having children and that they abuse and neglect. Where there is clear cut evidence of neglect/abuse as there had been prior to this baby being killed, the children should have been taken away and placed with people who would love and care for them, and the mother''s tubes should have been tied/cut/burned/plugged so she could not produce another baby that would face this kind of horror. You have to take a test and prove your skills and be licensed before you can have a gun or drive a car - why should it be any different when you are being entrusted with a helpless and totally defensless little baby. The Children''s Services, that had had a lot of prior contact with this mother, according to the newspaper reports and records here in Ohio, should have done more to prevent this.
All translates to the murder of an innocent baby.
Who did such a horrible thing? Was it the truly the mother of this child or was it someone else? TBD via the trial. If mother, the mother should have to face the death penalty and it should be just as quick as the baby''s suffering. If not then proceed against the true guilty party in the same mannerism.
Unlike the ignorant, outraged, irrational people who have commented, I am interested in finding the guilty and not convicting the innocent. We read stories all the time about convictions being overturned after years or decades of innocent people rotting in prison unjustly.
The reason this happens is because of juries composed of the ignorant, prejudiced, irrational, inexcusable people who are commenting on this case without knowing or caring about the facts.
If they set that woman free fix her so she can''t have any more kids..Do that..
Somebody killed that baby.
- by rhs648 February 11, 2008 11:48 PM EST
- Too horrible for me to comment!
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