Kelly Lumadue Will Get A New Trial
Circuit Judge Clayton Simmons decided that because of “overly aggressive” questioning by a prosecutor, the fact that the victim doesn’t remember his abuse and because she claimed to have been forced by her husband into having sex with a five-year-old, that Kelly Lumadue was entitled to a new trial.
According to the Judge:
The fact that the defendant faces a Draconian punishment for a crime where the victim is alive and apparently living a normal life some eleven years after the criminal act, when criminals who have killed people are released from prison almost daily, makes it even more imperative that the defendant receive a fair and impartial trial.
Her lawyer, Adam Reiss told the press:
I think Kelly Lumadue was a victim as well.
Kelly is now 32 and the boy in question is now 16.
She will remain in custody until her new trial.
Guilty. Kelly Lumadue has been sentenced to life in prison without the possibility of parole on the 18th of September, 2008.
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