We’ve been following the case of a Weslaco woman who was recently convicted of manslaughter in the death of her newborn son. A judge sentenced 24-year-old Sandy Hernandez to more than three decades in state prison. But the defense may be filing a motion for a new trial.
Sandy Hernandez was sentenced to 32 years in prison after recently being convicted of killing her newborn in 2014. But last week the defense found some inconsistencies in the jury’s verdict, that may entitle her to a new trial.
Michael Tuttle, Defense attorney, “The conduct that took place here was reckless. At least with regards to the death of the child. But then with regard to the jury found it intentional, so it’s an inconsistency.”
You may recall a jury sentenced her to 20 years for manslaughter and 32 years for serious bodily injury to a child. But the court decided to have the defendant serve both terms concurrently rather than back to back. Now it’s up to the family to try to use the inconsistency as a basis for retrial.
Michael Tuttle, “Ultimately it’s going to be Sandy, together with her family to make those decisions, but we certainly want to make sure that everything’s ready so they can appeal in the event that they decide to do so.”
We asked the defendant for comment after the sentencing, but you can see her covering her face with her hands as several cameras followed her back into custody.
Again, Hernandez was sentenced to 32 years in prison, but she may be eligible for parole after completing half of her sentence in 16 years. If the defendant decides to push for a retrial, the defense will have to file a motion within 30 days.
For more details on our coverage of the case, you can find the full story on our website, RGVProud.com.