Sunday, September 29, 2002
Woman's sentence reduced for leaving infant in hot van
Mom gets 1 day for reckless homicide
By The Associated Press
PADUCAH, Ky. A woman convicted of reckless homicide for leaving her baby in a hot minivan had her sentence reduced after she tearfully told a judge that her other children needed her.
Commonwealth's Attorney Tim Kaltenbach said the decision to set aside the jury's recommended sentence trivializes the death of the child.
The jury recommended Wanda Carlson receive a one-year sentence, but serve no jail time. It recommended she receive probation.
McCracken Circuit Judge Craig Clymer Friday reduced the sentence to one day, a day she already had served when she turned herself in after her indictment in June 2001. The sentence allowed Mrs. Carlson to walk away from the courtroom a free woman.
Mrs. Carlson, 33, spent nine minutes in jail June 18, 2001, and was released after posting a $5,000 cash bond.
During the one-day trial in July, Mrs. Carlson testified that she thought she had taken the 10-month-old baby, Emily, inside their home June 7, 2001, along with Emily's twin brother.
Friday, Mrs. Carlson told the judge that her three boys needed her. And I need them, she said. We need each other.
Besides Emily's twin, the Carlsons have 10-year-old and 7-year-old sons.
Her attorney, Carolyn Keeley, told the judge that Mrs. Carlson had been through an intensive probation with the state Cabinet for Families and Children. Ms. Keeley said officials never found any reason to take the other children out of the house and determined she was no risk to her family.
Mr. Clymer said he had no doubt that Mrs. Carlson would have done anything to bring her child back.
This case is an accident, it's a tragedy, but it's not a felony, Mr. Clymer said.
But even with a one-day sentence, Mrs. Carlson remains a felon.
Mrs. Carlson, whose husband is a minister, said her family put their faith in God that Mr. Clymer would allow her to stay at home.
Mrs. Carlson was originally indicted on a charge of second-degree manslaughter, but jurors convicted her on the lesser charge of reckless homicide.
The baby was left in the van for almost three hours before Mrs. Carlson realized she was missing, which was a primary factor in prosecuting the case, Mr. Kaltenbach said.
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