PDF: Judge Don Poole’s Memorandum and Order
Evidence that a young mother repeatedly poked her now-dead daughter in the head and did other abusive things to the child will not be heard by jurors at her trial, a judge has ruled.
Hamilton County Criminal Court Judge Don Poole based his order in part on how the state charged Traci Carpenter with neglect of the 18-month-old child, whom the state still claims died at the hands of her ex-boyfriend despite his acquittal on felony murder in his 2008 trial.
Because the state has charged Ms. Carpenter only with aggravated child neglect for a specific 24-hour period in 2006 during which Sierra Carpenter died, presenting evidence of a separate crime of abuse or evidence of actions during different times that might have contributed to the child’s death would be improper under state law, Judge Poole stated in his written ruling.
“There is clear and convincing evidence that (Traci Carpenter) … possibly neglected and/or abused the child at other times prior to the indicted charge, but she is not charged with any of these events,” Judge Poole stated. “(S)uch prior “bad acts” … are inadmissible at this point.”
The prosecution and defense could pick a trial date for Ms. Carpenter as early as Monday, and she still faces a mandatory 15-year prison term if convicted of aggravated child neglect.
But defense attorney Lee Davis said Tuesday that Judge Poole’s ruling “is very important” for the case because statements made by several witnesses at the trial of ex-boyfriend Brian Rutherford did not paint a flattering picture of the young mother.
Among the statements were that Ms. Carpenter, 22, failed to feed and clothe Sierra, used methamphetamine in her presence and often would poke the child on the head and jerk her around by the arm, according to court testimony.
Testimony about the poking was a critical component of Mr. Rutherford’s defense. A medical examiner confirmed that such actions on a young child’s soft head could have built up over time to contribute to the head trauma that ultimately killed Sierra.
After Mr. Rutherford’s trial, Sierra’s paternal grandparents led a campaign to hold Ms. Carpenter accountable, though prosecutors at the time said they had no intention of charging Ms. Carpenter with anything more serious than aggravated neglect.
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Article: Chattanooga: Paternal grandparents upset at the handling of Carpenter child death case