Esplin called two witnesses prior to the sentencing in an effort to show that a prison sentence would result in hardship to both Killpack and her family — emotionally, financially and medically.

"Everyone who goes to prison faces some hardship, but in this case, this is a mother of four children," he said.

Ragan called the suggestion that Killpack be allowed to stay home and raise her children "a ridiculous one."

"I do not believe she is a good mother," she said. "I believe her children are better off without her at this point. . . . She's a very dangerous person who is a threat to children."

Esplin argued that the Utah Division of Child and Family Services made the determination that Killpack was a good mother when it returned her children Oct. 31, 2002.

"If Ms. Ragan is saying that Jennete Killpack is not a good mother," he said, "she doesn't know what a good mother is."

Esplin said at one time there was a plea deal on the table for Jennete Killpack that called for her to plead guilty to second-degree felony child-abuse homicide in exchange for a recommendation of probation from prosecutors.

"(Prosecutors) would not agree not to recommend any jail time, but they would agree to recommend probation," he said.

"Was she not a bad mother then, but she's a bad mother now?" Esplin asked after the sentencing.

Ragan declined to comment on the proposed plea bargain.

Killpack was found guilty by a jury on Oct. 11, 2005, in a split-verdict decision that acquitted her husband, Richard, 37.

The Killpacks contend that Cassandra was only given about 20 ounces of water, and that they do not know how she died.

That story, Laycock said, was not supported by the facts.

"Any and all attempts I have made to find the defendant's story truthful have failed," she said.

Laycock said she believes Jennete Killpack engaged in a power struggle with her adopted daughter that the mother ultimately won when Cassandra died.

"Just as (Killpack) told the jury she felt the responsibility to teach Cassandra that there are consequences, there must also be consequences for her actions," Laycock said.

The Killpacks, who were supported by about 25 family and friends at court Friday, left the courtroom without speaking to the media, but a sobbing Jennete Killpack was given the opportunity to address the judge during the hearing.

"I'm not asking mercy for me," she said through tears. "Anything you do to me pales in comparison to the loss of my child. I loved Cassandra very much. I understand what I did was wrong. I ask that you not punish my children."

Esplin said he plans to file an appeal.

"There are many issues that have been raised in the course of these proceedings that need to be addressed," he said.

The defense attempted an appeal in April 2004 following the Killpacks' preliminary hearing to address the standard of proof required by the state, Esplin said. "We were not successful at that point, but now I think it's an appropriate time to get the (Utah Court of Appeals) to look at it," he said.

Killpack was given a week to report to prison because Richard Killpack's mother died this week. "I think it was an appropriate sentence," Ragan said, "and I also agree with the judge allowing her that week. I felt that was an appropriate thing to do."

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