Ohio mom spared death penalty for microwaving baby

By JAMES HANNAH, Associated Press Writer

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By Beth Boehne

DAYTON, Ohio (AP) — A woman convicted of murdering her infant daughter by microwaving her was spared the death penalty Wednesday by a jury that couldn't reach a unanimous decision.

China Arnold showed no immediate reaction, but she smiled and waved to family members as deputies led her from the courtroom. Her relatives told her they loved her.

"I love you all, too," said Arnold, 28.

The defense had argued that Arnold was drunk when the offense occurred and had no motive, while prosecutors had called the crime "heinous" as they argued for the death penalty.

After about five hours of deliberation, the jury told Montgomery County Common Pleas Judge Mary Wiseman that it couldn't decide whether to recommend the death penalty or life in prison, and that it wouldn't be able to make such a decision even if it deliberated through Thursday.

Wiseman is now limited to sentencing Arnold to life in prison without parole, life without parole for at least 30 years, or life without parole for at least 25 years. She plans to impose her sentence Monday.

Arnold was accused of killing month-old Paris Talley in 2005. A judge declared a mistrial in February, and the retrial began Aug. 18. The jury found Arnold guilty Friday of aggravated murder.

"It's not about achieving the death penalty," Assistant Montgomery County Prosecutor David Franceschelli said after the jury's announcement. "The judge is going to figure out the appropriate penalty. The jurors in this case took a shot at sentencing, and for whatever reason 12 people couldn't come to the same conclusion."

Outside the courthouse, Arnold's relatives hugged one another.

"We're relieved that an innocent person didn't receive the death penalty," said defense attorney Jon Paul Rion. "It doesn't make sense that a person who has had no real problems in their life can even be accused of something like this."

Rion had asked Tuesday for a new trial, saying a former cellmate who said Arnold confessed to the crime has changed her story. Wiseman has not ruled on the motion and said she would schedule a hearing.

Rion said he plans to present witnesses that point to another person being responsible for the baby's death.

During the trial, an 8-year-old boy said he saw another boy walk into the kitchen of a nearby apartment with the baby, heard the microwave go on and then later saw the burned baby in the microwave.

Attorneys for both sides addressed the jury before deliberations on Wednesday. The fact that Arnold had been a Girl Scout, that her father died when she was young and that she comes from a close family does not outweigh the seriousness of the crime, Assistant Montgomery County Prosecutor Daniel Brandt said.

"That tells us she has no excuses for her actions," he said.

Defense attorney Kevin Lennen urged the jury not to recommend the death penalty, saying Arnold was drunk at the time and that she had no motive to kill her child.

Franceschelli had the last word, calling the crime "heinous." He pulled out a wristwatch and waved it at jurors.

"If this is not the time for the death penalty, when is the time?" he said.

Friday, Sep 5 at 8:35 AM Linda wrote ...

When someone has proved beyond a shadow of a doubt that there was a murder comitted the punishment should be death the next day. No appeals, no life in prison, just instant death. I bet you would see the crime rate go down real quick!

Thursday, Sep 4 at 9:00 PM gene wrote ...

LET HER BURN!!!!!!!

Thursday, Sep 4 at 7:50 PM no escape for most children wrote ...

You guys just have no idea what kind of prison yard ugliness is par for the course in the ghetto. You won't see it on tv. It doesn't get dramatized in the movies unless it's about rednecks. There would never be a "Deliverance" equivalent that takes place in an urban ghetto. That would be raysist. But there are more horrors happening there than in the Appalachian mountains, and even more hidden from the public gallery.

Thursday, Sep 4 at 7:45 PM Jason wrote ...

Sarah: You claim the Old West didn't have a problem with crime? Your basing this off what? A Clint Eastwood movie you saw? Get real.

Thursday, Sep 4 at 7:18 PM Bring back electric chairs! wrote ...

This monster should have been thrown into the electric chair and fried to a crisp while she was forced to look at a picture of her dead baby's body.

Thursday, Sep 4 at 3:54 PM hmm wrote ...

I wonder if they make adult sized microwaves to throw HER in!!!

Thursday, Sep 4 at 12:31 PM Linda wrote ...

Is there even a punishment that anyone could inflict on her that would save her soul from the devil? I hope not! Sick Sick Sick!

Thursday, Sep 4 at 11:54 AM Sarah wrote ...

Hang her. Innocent, my butt- drunk is not an excuse for something this aweful and for anyone or group of people to think it is needs a reality check. And what was she doing drinking which a month old anyway? I really think that society would be a lot better off if we hung people for murder. You know the old west didn't have near the problems with crime because people thought twice about their actions.

Thursday, Sep 4 at 11:38 AM What!! wrote ...

"It doesn't make sense that a person who has had no real problems in their lives..." Wake up mr. defense attorney, when she decided to put that baby in the microwave, she proved that she has REAL and very serious problems. This woman deserves nothing short of the death penalty. That baby did not deserve die that way. I will be praying for the little girl's soul

Thursday, Sep 4 at 10:58 AM Chris wrote ...

When I first read about this incident the tears ran down my face. Teardrops is right and I could not say it more succinctly. How could a jury not give her the death penaly? A few spineless, cry-baby weaklings. Oh well, even with the death penalty the taxpayer would still be feeding, housing and medicating her for the next 20 years of merit-less appeals.

Thursday, Sep 4 at 10:55 AM Stick wrote ...

Hell isn't deep enough or hot enough to punish her soul. This is an example of a sub human thing that would do well to be punished in a middle east country. I'm thinking a good public beheading would be proper punishment for this think from the underbelly of our society.

Thursday, Sep 4 at 10:38 AM Laura wrote ...

I hate the idea of tax payers having to support her. She will get her 3 meals, education, and tv. She will have better medical than most people do. It just burns me that she should live. What were these people thinking?

Thursday, Sep 4 at 9:47 AM Carolyn wrote ...

I dont care if this woman was high on street drugs. This piece of crapt needs to be nuqed just like that poor baby was. The needle wouldnt be enough punishment for my satisfaction. Even if she gets life in prison that wouldnt be enough for me. On the other hand wait till the inmates get ahold of her she would wish that she was nuqed in a microwave

Thursday, Sep 4 at 9:37 AM Too Bad wrote ...

Too Bad she does not live in SJC. Dvorak probably would have given her "home detention" and "community service."

Thursday, Sep 4 at 8:50 AM MICHELLE wrote ...

WHAT THE???? WHAT THE HECK IS WRONG WITH HER??? WHAT COULD THAT BABY COULD HAVE POSSIBLY DONE TO GET MICROWAVED!!!!!! SHE IS DEFINATELY GOING TO BURN IN HELL!!!!

Thursday, Sep 4 at 4:27 AM Al wrote ...

Here we go again, she was drunk and her father dies when she was young. We should all be dead if we base our excuses on this.There is no perfect life, everybody has something wrong growing up. Does this give you the right to take a life? No!Pop her in a microwave for about 8 hrs., and get back to me.

Wednesday, Sep 3 at 9:03 PM Christina wrote ...

well I think she needs to have the death pently. For one it's not right to kill anyone not even your own child. Now us tax payers have to support this stupid person that they call a human.

Wednesday, Sep 3 at 7:06 PM Teardrops for the innocent wrote ...

How can one even comment on a story of such a heinous act? The perpetrator of such an act must be a walking, stinking, slimy pile of rotting garbage with the brain of a tasmanian devil diguised as a human being. To what hellish depths have the human race descended? Even the most viscious of the Earth's animals has one redeeming, universal value...maternal instinct and selfless, sacrificial protection of her young. God help us!

Wednesday, Sep 3 at 7:05 PM Anon. wrote ...

What a shame. This woman doesn't deserve to live!!!

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