The nightmare is not over yet for the Angwin mom who was charged with involuntary manslaughter in connection with the death of her 10-month-old daughter.
At Haley Wesley's preliminary hearing on Oct. 16, Napa County Superior Court Judge Stephen Kroyer ruled that Wesley, 27, had no criminal intent in the death of her daughter Maddison Wesley, and that she would not be held to answer to the manslaughter charge.
The case didn't end with Kroyer's decision.
Wesley is scheduled to appear in court on Thursday, as prosecutors want to see the case reinstated. The Napa County District Attorney's Office has filed a motion with the court requesting Kroyer's ruling be reconsidered by another Napa judge.
No matter what the judge assigned to review Kroyer's ruling decides, the matter may go to the state court of appeal for further review.
"If the higher court says Judge Kroyer's ruling is correct, that is the end of it," said Napa County District Attorney Gary Lieberstein. "If after reviewing the transcripts, the law and judge's ruling, the higher court overturns his decision, the case will go to trial."
On the day the baby died, Wesley had driven with Maddison from their Angwin home to Napa. After visiting with former co-workers, Wesley put Maddison in her car seat and drove to her job at Pacific Union College in Angwin.
Wesley forgot that Maddison was the back seat of the family Honda, and didn't realize the baby had been in the car until six hours later. She found Maddison unconscious in her car seat, and the baby was pronounced dead later that afternoon at St. Helena Hospital.
Wesley's attorney, Doug Pharr, said, "I understand with the refiling of the charges, the state attorney general wants to take a look at the case. It is unfortunate that the Wesleys and their family have to bear the brunt of that. I thought Judge Kroyer's ruling was right. This could have happened to anyone. It's just a very sad, terrible accident."
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