A Rock County judge must decide whether to grant a new trial to a woman who was convicted of reckless homicide a decade ago.
Judge hears evidence as Verona daycare provider asks for new trial in 2007 death of baby boy
Thanks for staying with news 3 now -- a verona daycare provider convicted of reckless homicide 10 years ago is seeking a new trial.
Jennifer hancock is serving 13 years in prison for the death of a baby boy at her in home daycare.
Rose schmidt was in dane county court today... as a key witness in the original case is changing his opinion.
At four hearings... a judge will listen to new evidence in jennifer hancock's case..
And can decide at any time if it's enough to grant her a new trial.
The wisconsin innocence project asked for a new trial in february..
Arguing that the medical testimony in the 2009 trial was flawed.
It's been ten years since jennifer hancock apologized to the family of baby lincoln wilbur... ((( , "15:24:32 i dont know why lincoln died i wish i could provide the answers 35 "))) this is video from her 2009 trial... when hancock was convicted of reckless homicide..
She was sentenced to 13 years in prison... because the baby died while in her care at her home daycare.
(court nats)) but in dane county court this week --- dr. michael stier is changing his opinion about the baby's cause of death.
((( , "13:39:58 i no longer can state to a reasonable degree of medical certainty that lincoln died from a non-accidental trauma 06 "))) dr. stier performed the baby's autopsy in 2007... and said a subdural hematoma showed signs of abuse.
But now says other infants with similar conditions died by means other than abuse... that led hancock to file a motion for a new trial.
((( 13:54:21 essentially today you're expressing less of a degree of medical certainty about the conclusion from those autopsy findings?
But you're not saying that your testimony was inaccurate in any way shape or form?
That's correct 38 "))) the prosecution cross examined the doctor... questioning whether he had the research to back up his new findings.
((( , "13:47:10 you keep saying at that time, has there been a substantial shift in how you conduct pediatric autopsies today as compared to back in 2007?
21 to some degree yes 22 "))) stier saying he did not dissect or remove the baby's cervical spine and thoraic spine back then... 13:47:52 so today if i were to perform an autopsy on lincoln wilbur i would do that additional step because it's perceived as being useful in the interpretation of the fatality 03 we're also expecting to hear testimony this week from hancock's original defense attorney john hyland -- now a dane county judge.
Hancock argues he had quote "deficient performance"... in the trial