Lewie Manslaughter Conviction Overturned
Posted on Friday, 6 of November , 2009 at 7:47 pm
GLENS FALLS—A state appeals court has reversed a manslaughter conviction of the Greenwich woman who was convicted last May following jury trial in the death of her seven-month old son, unanimously ruling that there was insufficient evidence to sustain the charge.
Alicia Lewie, now 24, had been convicted in May 2008 of two counts of second degree manslaughter, one count of first degree reckless endangerment and endangering the welfare of a child.
The court ruled the other conviction was supported by the evidence as was a conviction for the lesser felony charge of reckless endangerment. The decision will result in Lewie serving a five to 15-year sentence instead of the 7 1/3 to 22 year sentenced imposed by Warren County Court Judge John S. Hall.
Lewie’s roommate, Michael Flint Jr., 23, had pleaded guilty to second degree murder in the death of Lewie’s son, Colbi Bullock. Flint admitted slapping, biting and choking the infant over the course of two days while babysitting the infant at the Bay St., Glens Falls, apartment he and Lewie shared.
Flint was showering with the infant when he dropped him. The infant struck his face on part of the shower and began to bleed. Alighting from the shower, Flint wrapped the infant in a towel and, inexplicably, slapped him multiple times and squeezed his neck until his face turned red. The following day, when defendant was again left alone with the infant, defendant bit both of his arms, put both hands around his neck and squeezed for 20 to 30 seconds until the infant was grasping for breath. Upon his arrival at the hospital, the infant was moribund.
The baby died Nov. 14, 2007, in Albany Medical Center following his removal from respirators which had been keeping him alive.
Lewie was charged with manslaughter because authorities said she failed to act as a mother to her baby, leaving him in the care of Flint whom she knew had a history of physical violence, and failed to get him treatment.
The court held that while it was undisputed that Lewie, after being told by Flint of the incident in the shower, observed that the child had bruises and abrasions on his head, face and body, it was not established at trial that, based upon these observations, she knew that the child had sustained life-threatening injuries that would ultimately cause death.
The appeals court rejected Lewie’s challenge to Hall’s failure to grant her motion for a mistrial based on juror misconduct.
Lewie’s trial attorney, Michael Keenan, had moved for a mistrial after a female juror sent a note to the judge during deliberations, telling him her personal problems and asking if he could provide her with the name of a divorce attorney. She then asked Hall for the phone number and contact information for “the hottie sitting next to Ms. Hogan”, assistant district attorney Matt Burin.
The juror also asked Hall if she could read a statement in which she thanked all involved including Lewie for allowing her to serve as a juror.
“The court immediately reprimanded the juror for the content of the statement, characterized her actions as inappropriate and conducted an inquiry as to her ability to remain fair and impartial. After the court met with the juror and concluded that the juror had not engaged in conduct that rendered her unqualified to serve, defense counsel moved for a mistrial, alleging that the note evinced the juror’s clear bias in favor of the prosecution”, Judge Michael Kavanagh wrote.
But the court found there was no cause for a mistrial.
Flint is serving a prison term of 22 years to life, a sentence recently upheld by the appeals court.
Lewis was represented in her appeal by attorney Matthew C. Hug of Troy. District attorney Kathleen B. Hogan represented the prosecution.
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_07887.htm 11-6-09
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Category: Children, Courts, Crime, Warren County
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