Gallishaw seeks to have endangerment conviction overturned
Fri, 24 Apr 2009 18:12:30 GMT —
A Syracuse woman who claims mold exposure and not child abuse led to her infant daughter's hospitalization in 2000 is asking a judge to overturn her recent child endangerment conviction.
Lawyer Charles Keller says Brandi Gallishaw's double jeopardy rights were violated during her March trial because it included testimony about two incidents for which Gallishaw was acquitted during her first trial in 2001.
The judge set May 15 for oral arguments.
Although Gallishaw, now 25, was convicted of endangerment, jurors deadlocked on a more serious assault charge, leading to a mistrial.
She was originally convicted of assault in 2001, but the conviction was overturned after defense lawyers presented new evidence.