Jackie Rolston is appealing her 28 year prison sentence for killing 19-month-old Kirk Coleman.
The New Paris babysitter’s attorney claims that the jury for her November trial was prejudiced against her by seeing before and after photos of the boy. In the appeal, she claims the 28 year sentence is excessive and is asking for a reversal of her conviction, a reduction in sentence or even a new trial or sentencing, according to the Elkhart Truth.
Her attorney is claiming that Elkhart County Prosecutor Vicki Becker failed to prove that Coleman’s injuries weren’t caused by another child that hit him wtih a toy fire truck three or four weeks before his death.
Coleman was killed on October 29, 2014 while under Rolston’s care. Initially, Rolston told police that Coleman was choking on his lunch. But Coleman died hours later, and a coroner ruled he died of blunt force injuries.
Rolston was convicted of neglect of a dependent in a previous case. However, Coleman’s family wasn’t informed by Rolston of that at the time.
The family has since worked to get Kirk’s Law passed, which requires the creation of a database of people convicted of child abuse. That database must be up and running by July 1.