Kansas High Court Hears Appeal Over Day Care Death

By: AP (Posted by Josh Mabry)
By: AP (Posted by Josh Mabry)

TOPEKA, Kan. (AP) _ A defense attorney is asking the Kansas Supreme Court to overturn the involuntary manslaughter conviction of a former Wichita home day care provider after the death of a 13-month-old girl.

Appellate Defender Lydia Krebs argued Monday that the district judge presiding over the 2009 trial of Jessica Cummings gave improper instructions to jurors for assessing whether Cummings intentionally placed toddler Kailee Hundley in danger.

Jurors concluded Cummings endangered Kailee by partially strapping her into a car seat and leaving her alone in a bathroom to sleep. Prosecutors say the girl strangled on a loose strap after sliding down in the seat.

Senior Assistant Sedgwick County District Attorney Lesley Isherwood argued that the judge's instructions allowed jurors to make a commonsense assessment.

Cummings was sentenced to 32 months in prison.

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