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Hiawatha woman convicted in toddler's 2010 death argues for new trial
Trish Mehaffey Nov. 22, 2013 4:40 pm
Defense attorneys for Amy Parmer, who was convicted last month in the 2010 death of 17-month-old Kamryn Schlitter, argued for a new trial Friday, citing one of the charges was "ambiguous," the prosecution's theory wasn't consistent and it never proved Parmer did anything to harm the child.
Tyler Johnston, Parmer's attorney, said the state didn't prove Parmer abused or harmed Kamryn and didn't even prove Kamryn's father Zyriah Schlitter, also convicted in the crime, was the abuser. The child endangerment law is ambiguous and it "shocks the conscious that (a defendant) can be convicted on this kind of evidence."
First Assistant Linn County Attorney Nick Maybanks said the state's theory was clear but the defense just didn't want to accept it and didn't like the outcome. The state's theory was that Parmer and Schlitter inflicted the physical abuse of Kamryn or each knew of the abuse and did nothing to stop it in the last month of her life, while Schlitter had sole custody of the child.
Parmer, 29, of Hiawatha, was found guilty by a Linn County jury of child endangerment resulting in death and involuntary manslaughter in September following a four and half week trial. Kamryn died from blunt force head injuries March 28, 2010.
Parmer faces up to 55 years in prison. Her sentencing is Dec. 13.
Schlitter, 26, of Cedar Rapids, was convicted last December of involuntary manslaughter and child endangerment resulting in death and is serving 50 years in prison.
Johnston made most of the same arguments during the trial, asking for several mistrials, but 6th Judicial District Marsha Beckelman denied them during the trial. He also claimed the prosecution violated discovery rules when it didn't inform the defense an expert medical witness changed his testimony from the Schlitter trial.
Maybanks said the doctor didn't change his testimony and the judge even allowed the defense's expert witnesses to go over the state's witness' opinion or findings before they testified.
Beckelman didn't rule on the motion Friday. She told the attorneys she understood their arguments and will file a written ruling. Both attorneys filed lengthy briefs and didn't go over every point during the hearing.

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