Mother Accused Of Hitting Man With Her Baby Wants To Withdraw Guilty Plea
ERIE, Pa. (AP) _ The woman who admitted swinging her 4-week-old son like a bat to hit her boyfriend, fracturing the infant's skull, wants to withdraw her guilty plea, saying she now remembers events
Saturday, June 9th 2007, 6:50 pm
By: News On 6
ERIE, Pa. (AP) _ The woman who admitted swinging her 4-week-old son like a bat to hit her boyfriend, fracturing the infant's skull, wants to withdraw her guilty plea, saying she now remembers events more clearly.
Chytoria Graham asked to withdraw her plea Friday _ the day she was to be sentenced to at least five years in prison _ because she now believes she was not responsible for the injury that Jarron Troop suffered on Oct. 8.
Under an agreement with prosecutors, Graham pleaded guilty in March to aggravated assault and endangering the welfare of a child. Reckless endangerment and simple assault charges were dropped.
Graham, 27, of Erie, pleaded guilty because she had been drinking that night and, as a caring mother, felt she was responsible for whatever happened to the child, said defense attorney Julia Dudics.
Another defense lawyer, James Pitonyak, said Graham has since recalled events more clearly and now believes that her boyfriend, Deangelo Troop, Jarron's father, also caused the baby's injuries.
Jarron has recovered.
Graham's lawyers also said she did not understand the mandatory minimum sentence in her plea bargain. The aggravated assault charge carries a mandatory minimum prison term of five years because the victim was younger than 13 years old.
Assistant District Attorney Raquel Taylor said a transcript of Graham's plea hearing shows the terms were clearly spelled out to her.
Taylor said authorities have not been able to contact Troop.
Judge William R. Cunningham said he would decide on the withdrawal request soon. Graham remains free on $7,500 bail.
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