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Ogden, Utah • A judge has postponed sentencing for a Utah woman who faces up to life in prison after she was convicted of child abuse homicide at a daycare center in Roy.
Lawyers for Tisha Morley are accusing prosecutors of misconduct and asking Judge Scott Hadley to set aside the verdict in the death of an 8-month-old boy.
The Standard-Examiner reports Hadley put the sentencing on hold after defense attorneys filed a motion in court in Ogden on Tuesday arguing Morley should instead be sentenced for negligent homicide, a class A misdemeanor.
They say the misconduct kept the jury from hearing testimony from a four-year-old at the daycare who allegedly saw another child slam 8-month-old Lincoln Penland's head on a table while Morley was out of the room
The prosecution has two weeks to respond.