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New trial for mom in death of infant

Dec. 31, 2010 at 4:54 PM   |   Comments

DAYTON, Ohio, Dec. 31 (UPI) -- An Ohio appeals court says a woman convicted of killing her 3-week-old daughter in a microwave oven may get a new trial.

The Ohio 2nd District Court of Appeals Thursday denied a prosecutor's office request for reconsideration of the overturned conviction of China Arnold, the Dayton Daily News reported.

The court said prosecutors wrongfully withheld witness information from Arnold's defense team and let the overturning stand, clearing the way for a third trial.

Arnold, 30, was tried twice in 2008 on charges related to the 2005 death of her infant daughter.

After a first trial that ended in a mistrial, she was convicted in a second trial and sentenced to life in prison, the Daily News said.

The Court of Appeals reversed that conviction Nov. 5, saying prosecutors failed to provide the defense in the second trial with the address of Linda Williams, a witness and former cellmate of Arnold's who testified in the first trial that Arnold told her she put the baby in the microwave.

In the second trial, prosecutors claimed they could not find Williams and played the videotape of her testimony from the first trial.

Afterward, Williams testified for the defense, recanting her prior testimony.

No new trial date has been set, the Daily News said.

© 2010 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.
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