Sentencing will go forward this month for a Roy day care worker convicted of child abuse homicide for the 2014 death of an 8-month-old boy, a judge ruled this week.
In May, a jury convicted 36-year-old Tisha Lynn Morley of first-degree felony child abuse homicide for the February 2014 death of Lincoln Penland, who was fatally injured while at Morley’s in-home day care.
She was originally scheduled to be sentenced in July, but the hearing was delayed after her attorney filed a motion asking the judge to set aside her conviction.
Defense attorney Logan Bushell argued in court papers that there was not enough evidence presented to convict Morley of the first-degree felony, and instead asked the judge to enter a conviction of the lesser offense of negligent homicide, a class A misdemeanor.
Bushell also accused prosecutors of misconduct after they did not disclose they had planned to call the parents of one of the children who was at the daycare to testify. At trial, the judge both the prosecution and defense from calling the parents, who were listed as defense witnesses, to the witness stand.
Bushell said the testimony of the parents was critical to their defense, which was rooted in the testimony of a then-3-year-old girl who told investigators that she saw Lincoln’s brother inflict the fatal injuries by slamming the child’s head in a door. If her parents had testified, Bushell argues, it could have bolstered the girl’s credibility to jurors.
But 2nd District Judge Scott Hadley disagreed, according to court records, and on Tuesday denied Bushell’s motion. The judge also ruled there was sufficient evidence for the first-degree felony conviction to remain, and set an Oct. 18 sentencing date.
Lincoln suffered devastating injuries on Feb. 19, 2014, while at Morley’s home. The infant’s skull was fractured, both arms were broken, and his brain and spine also sustained injuries.
Prosecutors accused the woman — who was the only adult at the home that day — of grabbing the infant by his arms and slamming his head and body on a changing table. They pointed to a cracked changing table that had Lincoln’s vomit on a strap as evidence that the woman caused the injuries.