Judge declares mistrial in microwaved-baby case

The judge said that the defense would need time to assess the new evidence.

DAYTON (AP) — A judge declared a mistrial Monday in the case of woman accused of killing her month-old daughter by burning her in a microwave, finding that new defense witnesses bolster her innocence claim.

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 August 2005 night her infant died. The judge did not give details about the juvenile’s testimony.

Testimony was complete in the trial in Montgomery County Common Pleas Court, and it was on the verge of going to the jury.

Kessler also heard testimony from the juvenile’s father and was presented with affidavits from an adult witness who had been in contact with a second juvenile in reference to the first juvenile’s statements.

Kessler said prosecutors asked him to reject the evidence, questioning its truthfulness.

But the judge said the evidence is new, and 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.

And, he said, allowing the evidence during the final stages of the trial would deny prosecutors and defense attorneys a full opportunity to investigate and could affect how defense attorneys chose to confront other witnesses and Arnold’s decision whether or not to testify.

Kessler said that would constitute a court-enforced violation of Arnold’s right to be effectively represented. He acknowledged that a mistrial will be expensive and inconvenient.

“However, these costs pale in comparison to the impact of an unfair trial or wrong verdict,” the judge wrote in his decision.

Kessler discharged the jury and ordered the case placed back on the court docket for further scheduling.

Arnold showed little emotion when the judge announced his decision, but looked sad as she walked out of the courtroom and was taken back to the jail. Family members who were in the courtroom had no audible reaction, but they hugged each other in the hallway as they were leaving.

Kessler continued a gag order in the case, so neither prosecutors nor defense attorneys would comment.

The 27-year-old Arnold is charged with aggravated murder in the death of Paris Talley at her Dayton apartment, and could face the death penalty if convicted. She has pleaded not guilty.

Following six days of testimony and a parade of witnesses, the 12-member jury had been scheduled to hear closing arguments from the prosecution and defense on Monday and begin deliberating.

During the trial, prosecution witnesses said Arnold admitted to 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.

Linda Williams testified that she developed a sexual relationship with Arnold when the two were cellmates in the Montgomery County Jail in March and that Arnold confided in her about what happened to her baby.

Arnold feared her boyfriend believed he wasn’t the father of the child and was going to leave her, Williams said.

“She said she put the baby into the microwave and started it and left the house,” Williams said.

Williams said she asked Arnold how she got the child into the oven.

“She said she fit right in,” Williams said.

Arnold’s ex-boyfriend, Terrell Talley, said Arnold told him the baby would still be alive if he hadn’t been unfaithful to her.

Defense witnesses said Arnold — who did not testify — told them she had nothing to do with the baby’s death and didn’t know how it happened and expressed shock at being told the child may have been burned in a microwave.

Defense attorney Jon Paul Rion said other people had access to the baby, that people questioned about the case changed their stories and that Arnold was intoxicated to the point of blacking out when the child died.

Defense witness Robert Belloto, a pharmacist, said he didn’t believe it would have been possible for Arnold to place the baby in the microwave because she was so drunk. Arnold said she had consumed about 40 percent of a pint of high-proof rum in 90 minutes.