The Collin County Observer

DA will retry Cuadros-Fernandez

09/08/09

09:23:43 pm, by bill

, 283 words,

Categories: News Clippings, Law, Crime & Punishment, Discrimination - equality

DA will retry Cuadros-Fernandez

From a Collin County press release:

FOR IMMEDIATE RELEASE: Sept. 8, 2009

Prosecutors will seek retrial of capital murder defendant

(McKINNEY, Texas) -- Collin County's District Attorney John Roach said prosecutors will pursue a retrial of a nanny for the death of a two-year-old boy here.

Recently, the 5th Court of Appeals in Dallas reversed the 2006 capital murder conviction of Ada Cuadros-Fernandez in which she was sentenced to life without parole for the death of Kyle Lazarchik.

While finding the evidence to be sufficient for a conviction, the Dallas court relied on a 2009 Supreme Court decision that changed the long-standing rule of evidence regarding the admissibility of business records such as lab reports. The Supreme Court held that most lab reports, including DNA reports, may no longer be admitted as evidence unless the report's author testifies at trial. Ms. Cuadros-Fernandez's 2006 trial included the admission of a DNA report and data without the author's testimony.

"After a careful review of the law, we have decided not to appeal the decision of the 5th Court of Appeals," Mr. Roach said in a statement tonight. "We believe that the prospects for a successful appeal are uncertain and that a prolonged appeal could inflict more unnecessary pain on Kyle's family.

"We will, instead, pursue an immediate retrial of Ada Cuadros-Fernandez. We are currently preparing for the retrial, and will be ready to try Ms. Cuadros-Fernandez again within 30 days of her return to Collin County. Kyle's family has been advised of our decision and supports our efforts to secure a speedy retrial," the District Attorney said.

Because the case is, again, a pending matter, the District Attorney's office will not comment further about the facts of the case or the retrial.

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The Collin County Observer

DA will retry Cuadros-Fernandez

09/08/09

DA will retry Cuadros-Fernandez

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