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Judge declares mistrial in toddler death

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11 of 12 jurors vote to acquit Cumming mother

CRYSTAL LEDFORD

Prosecutors were weighing their options a day after a mistrial was declared in the case of a 41-year-old Forsyth County woman charged in the death of her toddler.

Sandra Partridge, Forsyth County's chief assistant district attorney, said a retrial in the case may be pending.

"A decision on a retrial will be made at a later date," Partridge said Wednesday.

Superior Court Judge David Dickinson declared a mistrial Tuesday after a 10-man, two-woman jury was not able to reach a unanimous decision after more than a day of deliberations.

Jill Ellen Depaillat of Cumming faced charges of felony murder and aggravated battery in connection with the April 2004 death of her 21-month-old adopted daughter, Mia.

Following six days of testimony, jurors went into deliberations at 4:15 p.m. Monday, finishing at 6:15 p.m. Tuesday.

Defense attorney B.J. Bernstein was pleased with the outcome.

"I was very encouraged that 11 of the jurors had made the decision of not convicting my client," Bernstein said. "I would have liked the 12th to do that also, but the fact that my client was home last night with her children was wonderful."

Bernstein said after the mistrial decision was made, there were "just a lot of tears" from her client and her family.

"There's been so much tension and emotion with this family, that there was just a lot of emotion (expressed) last night," Bernstein said.

Partridge said the result was "very disappointing."

"But I still stand behind everything I said over the past six days and don't regret trying this case," she said. "After a day and a half of deliberations, 11 of the jurors had decided to acquit Depaillat."

In what had been dubbed a "battle of the experts" trial, Partridge argued that Depaillat's adopted daughter was killed maliciously by her mother.

Bernstein argued the child's death was caused by an accidental fall down stairs.

"Despite all efforts to try and confuse this jury, the bottom line is children do not die falling down the stairs," Partridge said in her opening statement.

During closing arguments, Bernstein countered by presenting final witness Janice Ophoven, a medical expert, who concluded that findings in the child's death were "consistent with an accident."

Contact: news@gainesvilletimes.com, (770) 718-3401

2006 Jun 29