a woman who wasto murder his daughter by The sorority house at her college should be resented, a divided Ohio Supreme Court has ruled.
The judges also ordered that a different judge should handle the arraignment of Emile Weaver, now 27. He was convicted in April 2015 of manslaughter stemming from the death of the child and several other counts. Weaver could have been sentenced to life in prison with the chance of parole. At least 20 years, which was requested by her attorney, but Judge Mark Fleagle said he was not convinced that Weaver was remorseful.
Weaver sought post-sentence relief in 2017, with her attorney arguing that she had not fully explained the newborn and could receive a reduced sentence. Newborn babies are killed within 24 hours of birth.
Fleagle, who also handled the subsequent sentence relief hearing, discredited an expert witness who tried to explain Weaver’s position. An appellate court upheld the conviction, but in their 4-3 decision announced Thursday, the state Supreme Court found that Weaver had ineffective counsel at sentencing.
Chief Justice Maureen O’Connor noted in the majority opinion that Fleagle displayed an arbitrary and unreasonable attitude toward evidence of both the newborn as well as “pregnancy-negative syndrome”, where a person is in denial about their pregnancy. doing.
Prosecutors have said that Weaver gave birth in a bathroom at the Delta Gamma Theta sorority at Muskingum University, then intentionally caused the death of her child. He said the child died of suffocation after Weaver dumped her in a plastic garbage bag and left it outside the sorority house.
Weaver testified at trial that she was in denial about the pregnancy and thought the child was already dead when she dumped the newborn in the trash.
Public defenders representing Weaver did not respond to phone and email messages seeking comment on the decision.