Mom may learn next week if she can bond out of jail
By Katie Merlie
Posted: June 13, 2008
Rebecca Kyrie will wait until at least next week to find out if she can bond out of Hamilton County Jail.
Kyrie, 29, Sheridan, has been there since December, when she was charged with murder, battery resulting in death, neglect of a dependent resulting in death and aggravated battery in the death of Chaeli Kyrie, her adopted 13-month-old daughter.
Attorney Jack Crawford told Hamilton County Superior Court 2 Judge Dan Pfleging on Wednesday that prosecutors have been unable to prove beyond a doubt that Kyrie committed murder, a charge that does not allow suspects to post bond.
"There is no history of child abuse by this mother," he said. "This child was taken to the doctor repeatedly, these parents were very concerned."
Kyrie's husband, David Kyrie, has not been implicated in the child's death.
An autopsy determined Chaeli died Sept. 4 from "blunt cranio-cerebral injuries" consistent with shaken baby syndrome and a Marion County coroner ruled the death a homicide.
While Crawford said there was not enough evidence for Kyrie to be charged with murder, Deputy Prosecutor Stephanie Smith disagreed.
"There is no evidence other than that Rebecca Kyrie inflicted non-accidental trauma to (Chaeli's) head," Smith said. "There is no evidence that anyone else did it."
Pfleging said he would take the case under advisement until at least early next week.