Prosecution misconduct alleged in Roy daycare killing

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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 ( 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,

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