Kendra Lyn, NBC 5 News
Ada Cuadros-Fernandez will be re-tried in Collin County. The state's Fifth Court of Appeals in Dallas concluded that two errors were made during the first capital murder trial in 2006.
The nanny convicted of killing a 14-month-old boy in her care will stand trial for murder a second time Monday morning.
Ada Cuadros-Fernandez will be re-tried in Collin County. An appeals court overturned the guilty verdict against her.
The state's Fifth Court of Appeals in Dallas concluded that two errors were made during the first capital murder trial in 2006. It determined the defense team for Cuadros-Fernandez 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 was wrongly excluded from trial, the court said.
Doctors said 14-month-old Kyle Lazarchik died from severe head injuries consistent with a fall from a 6-story building.
Cuadros-Fernandez has maintained her innocence. She claimed the toddler accidentally hit his head on the door frame before he started vomiting, stopped breathing and died.
Investigators believe she smashed Kyle’s head against a kitchen cabinet door at the family’s home in McKinney in 2005. In 2006, a jury convicted her of the little boy’s murder. She was sentenced to life in prison.
Prosecutors decided it was better to retry the case than continue the appeals process. The state said the Lazarchik family supports that decision and hopes for a speedy hearing.