Eudora daycare worker initially convicted of murdering baby gets new trial
By Shain Bergan
Click here for updates on this story
EUDORA, Kansas (KCTV) — A Eudora daycare worker who was convicted of murdering a baby in her care in 2016 will get a new trial, after a split-decision by the Kansas Supreme Court.
Kansas’ high court split 3-3 on whether to uphold a Kansas Appeals Court decision to overturn Carrody Buchhorn’s conviction and grant her a new trial. In the case of a split decision, the previous court’s decision is affirmed.
Buchhorn was convicted of second-degree murder by a Douglas County jury in 2018 after a 9-month-old baby boy died in her care. Buchhorn told authorities she put the baby down for a nap, then tried to give him mouth-to-mouth resuscitation when she was unable to wake him.
The daycare worker was sentenced to 10 years in prison.
The baby had a fresh bump on his head and a cracked skull. Forensic pathologist Erik Mitchell had testified during the case that Buchhorn may have stomped on the child’s head, a theory that prosecutors heavily leaned on to make their case for second-degree murder. But other experts—such as children’s hospital pediatric neurologist Sudha Kessler—have brought that conclusion into question. Kessler herself called the pathologist’s theory “fantastical” and “not consistent” in a story published by the Kansas City Star.
The child had a cracked skull, but it may have already started healing from a previous unknown event. There was no evidence presented of either a brain injury or child abuse.
A Kansas Appeals Court found last year that Buchhorn’s defense team didn’t do enough to prevent Mitchell’s theories from coloring the proceedings, and it overturned Buchhorn’s conviction, granting her a new trial. Douglas County prosecutors appealed that decision, leading to the state Supreme Court picking up the case.
Please note: This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.
