Prosecutors ordered to explain charges against mother

Prosecutors have agreed to explain more fully their allegations against a young woman accused of aggravated neglect of her 18-month-old daughter, who died in 2006 as the result of blunt force trauma.

The decision comes as the result of a complicated hearing Monday in the case against Traci Carpenter in which the prosecution and defense argued how to present the facts of the case to a jury.

The Hamilton County District Attorney's Office is seeking to admit evidence that Ms. Carpenter may have abused her child over an unspecified period of time. That evidence came in testimony during a different trial in which a witness said Ms. Carpenter poked her daughter in the forehead "all the time."

The indictment against Ms. Carpenter, however, charges only that she neglected her daughter over a two-day period, leading up to the child's death in April 2006.

Last fall prosecutors failed to convict Brian Rutherford, her former boyfriend, whom they had charged with first-degree murder in the death of the little girl.

Ms. Carpenter could face at least 15 years in prison if found guilty and will appear in court again on Dec. 17 to set a trial date. At that time, Judge Don Poole will take up again the issue of what kind of evidence both sides can present.

Defense attorney Lee Davis expressed frustration Monday in court with the apparent mixed message from prosecutors.

"This jury would be asked to hold (Ms. Carpenter) in judgment on what happens on these two days based upon something that happened six months previously," he said.

"I frankly am at a loss how to try this case," Mr. Davis continued. "We all know this is a tragedy. I think it's a tragedy that Brian Rutherford wasn't found guilty."

Prosecutor Neal Pinkston pointed to testimony from the medical examiner during Mr. Rutherford's trial, indicating that some of Sierra's injuries could have been inflicted over a long period of time.

Mr. Rutherford's defense team used such testimony to defend him and presented evidence from several people who said they saw Ms. Carpenter repeatedly poke her daughter in the forehead.

Ever since Mr. Rutherford's acquittal, Sierra's paternal grandparents say their pressure on prosecutors has been instrumental in securing a trial for Ms. Carpenter.

"All we want is justice," Janice Carpenter, Sierra's paternal grandmother, repeatedly has stated.