From Deseret News archives:
High court upholds conviction of woman in girl's water death
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Doctors at Primary Children's Medical Center declared Cassandra dead the next morning. They said symptoms of her death pointed to water intoxication, which results from being forced to drink an excessive amount of water. Medical experts testified she had been forced to drink more than four quarts of water.
At trial, Killpack argued Cassandra died from accidental head trauma, and she asserted her actions were justified because they were used to discipline Cassandra as part of a reasonable treatment program.
A jury found Killpack guilty of child abuse homicide, but she appealed the decision, raising five issues:
• Whether the jury was properly instructed on the meaning of acting "recklessly."
• Whether the trial court properly rejected jury instruction that child abuse homicide cannot result from injuries inflicted by a parent if those injuries are caused by the parent's (a) reasonable child care choices or (b) reasonable treatment of the child's medical condition.
• Whether the trial court properly admitted evidence of Killpack's prior bad acts.
• Whether the trial court abused its discretion during sentencing by refusing to grant Killpack's request for probation.
The Utah Supreme Court ruled against all of Killpack's issues of appeal and upheld the sentence of one to 15 years in prison, stating, "The trial court noted that both the 'catastrophic events of the last week of Cassandra's life' and Killpack's refusal to acknowledge full responsibility for her actions justified the sentence."
E-mail: jdana@desnews.com
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