Defense attorney Sal Lanza says he has filed a motion with Oswego County Court Judge Walter Hafner to have the Maxwells released pending their appeal of their conviction on child endangering charges. The judge is reviewing the motion at this hour.
As some members of a crowd jeered, Lynn and Lindsey Maxwell were led away from Palermo Town Court Monday night, each to begin serving a two year sentence for endangering the welfare of their daughter, Erin Maxwell.
Judge Robert Wood handed down the maximum sentence for their convictions on four counts of endangering the welfare of a child. Though the Maxwell's were not home when the 11 year old girl was murdered in late August '08, State Police charged them with locking Erin in her room with no escape and of forcing the girl to live in a home full of animals, garbage and feces.
Prior to sentencing, Lynn Maxwell was asked to respond to people who were calling upon the judge to sentence her to the maximum sentence. "A lot of people would like to see me drop dead. I don't think that's going to happen." Maxwell replied.
Lindsey Maxwell doubted the onlookers were concerned about what happened to Erin. "They just want the circus there." Lindsey Maxwell told reporters, "These people aren't here for Erin, none of them knew her."
Deb Dennery, was the first medic to arrive at the home in Palermo. She tried in vain to revive the girl and witnessed the conditions inside the home. Dennery testified against both Alan Jones, the stepbrother charged with her murder and the Maxwells. Dennery told Action News, the sentence was "not enough...magine your own children in that filth. It's ridiculous that anybody would put a child in that mess."
Defense attorney Sal Lanza this morning filed a motion in Oswego County court to allow the Maxwells to remain free while he appeals their conviction. Judge Walter Hafner has not yet ruled on that request.