published Tuesday, July 13th, 2010

Hamilton County: New developments in child death case


by Monica Mercer

Newly filed court documents indicate that the Hamilton County D.A.’s office promised not to prosecute a young mother in relation to the death of her child if she agreed to take and pass a polygraph test.

That’s what Traci Carpenter did, only to be pursued by prosecutors for the past three years for aggravated child neglect that could land her in prison for at least 15 years if she is convicted.

Documents also state that detectives promised Ms. Carpenter she would be charged with first-degree murder if she failed the polygraph, which seemed to contradict a jury trial in the fall of 2008 in which authorities claimed it was only ex-boyfriend Brian Rutherford who was responsible for inflicting the head injuries that led to the child’s death.

The jury acquitted Mr. Rutherford of all charges, and the paternal grandparents of 18-month-old victim Sierra Carpenter have since relentlessly pursued the prosecution of Traci, saying they believe it was Traci’s constant poking in the head of her daughter that led to the child’s death.

Bur defense attorney Lee Davis says in his motion to dismiss the case that prosecutors’ promises to the young mother should have been kept.

Traci’s “reliance was reasonable” that she would not be charged in the case, Mr. Davis states.

See tomorrow’s Times Free Press for complete details.

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