MACCLENNY, Fla. – A Baker County babysitter who was lately convicted of killing 10-month-old Araya Paige is hoping to quickly be out of jail on bond as she appeals her conviction.
Rhonda Jewell, 47, was again in a Baker County courtroom Tuesday requesting a bond in order that she might be again at house whereas she appealed her third-degree homicide and little one neglect conviction.
Two months in the past, Jewell was sentenced to 17 years in jail. The punishment was handed down simply weeks after she was convicted.
The conviction got here simply days after Jewell took the stand and admitted the toddler she was babysitting died as a result of she forgot she left the kid in a sizzling SUV for 5 hours.
News4JAX has discovered that Jewell’s courtroom attraction relies on what the jury was not allowed to think about after they obtained their directions earlier than deliberation.
Jacksonville legal professional John Holzbaur just isn’t affiliated with the case however reviewed the appeals paperwork to clarify the character of Jewell’s attraction argument.
“It’s not a query of whether or not the act occurred, the protection attorneys within the second half of this movement are difficult the constitutionality of the directions to the jur,” Holzbaur stated. “The choose decided that as to the counts, the defendant was discovered responsible of didn’t require mens rea. That’s the intent to commit the act,” Holzbaur stated.
Jewell’s protection legal professional offered examples of comparable legal instances in Florida involving defendants who didn’t intend to kill somebody.
“Different jurisdictions discovered that mens rea or the intent to commit the act ought to have been a requirement and will have been a part of that jury instruction, so we’re going all the way in which again to trial, difficult these jury directions. Earlier than the jury retired again to the jury room to deliberate, there was one thing probably fallacious with the directions that they’d. Sure. The act occurred however did the defendant have the mens rea?, “Holzbaur requested.
Holzbaur stated on the flip aspect, prosecutors will probably carry up comparable instances the place the intent was not wanted to get a responsible verdict. Both manner, that is anticipated to be an intense attraction that might final months.
As for the possibilities of Jewell receiving a brand new bond whereas she appeals her conviction, HolzBaur stated Decide William Slaughter will weigh Jewell’s argument in regards to the jury directions, take into account her status earlier than she was arrested, and the way she performed herself whereas she was out of jail on bond awaiting trial.
Within the meantime, Jewell stays in jail awaiting the choose’s determination.
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