Prosecution misconduct alleged in Roy daycare killing
Jul. 26, 2017
OGDEN, Utah (AP) — A judge has postponed sentencing for a Utah woman who faces up to life in prison after she was convicted of child abuse homicide at a daycare center in Roy.
Lawyers for Tisha Morley are accusing prosecutors of misconduct and asking Judge Scott Hadley to set aside the verdict in the death of an 8-month-old boy.
The Standard-Examiner reports (http://tinyurl.com/y978fx4k) Hadley put the sentencing on hold after defense attorneys filed a motion in court in Ogden on Tuesday arguing Morley should instead be sentenced for negligent homicide, a class A misdemeanor.
They say the misconduct kept the jury from hearing testimony from a four-year-old at the daycare who allegedly saw another child slam 8-month-old Lincoln Penland's head on a table while Morley was out of the room
The prosecution has two weeks to respond.
Information from: Standard-Examiner, http://www.standard.net