Nanny's Murder Conviction Tossed

Appeals court says judge excluded testimony.

Tuesday, Sep 1, 2009  |  Updated 5:35 PM CDT
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Nanny's Murder Conviction Tossed

AP

The murder conviction of a McKinney nanny was overturned on appeal.

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A Texas appeals court overturned the conviction of a Peruvian live-in nanny convicted of fatally beating the toddler she had cared for in McKinney.

The state's Fifth Court of Appeals in Dallas concluded that two errors were made during the capital murder trial of Ada Betty Cuadros Fernandez. It determined Cuadros' defense attorney was not able to cross-examine a DNA analyst who prepared a report used at trial, violating a defendant's right to confront an accuser. An expert witness opinion rebutting the prosecution's theory of the case also was wrongly excluded from trial, the court said.

The Collin County District Attorney's Office said it hasn't yet decided whether to retry Cuadros or appeal Friday's decision.

Cuadros was sentenced to life in prison in the 2005 death of Kyle Lazarchik, one the twin boys for which she cared for nearly a year in the North Texas city of McKinney.

Investigators contend she smashed the boy's head against a kitchen cabinet door.

Cuadros' supporters in Peru and the Dallas area have rallied to raise money for her defense and protest her incarceration.
 

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