A Rocky Boy woman accused of the brutal beating death of an 11-month-old boy has asked a federal judge to throw out the charges or at least delay the trial.
Cecilia Rose Gardipee has moved the court dismiss charges against her filed in the death of Kaidynce Small on Oct. 21.
Her co-defendant, Garrett “Kirby” Lafromboise, the boy’s father, has pleaded guilty to assaulting the infant. The prosecution has agreed to drop a murder charge filed against him if the plea is accepted by the judge April 25.
In the motion, Gardipee‘s attorney argues that although she was arrested Dec. 6 and evidence was to be provided by Dec. 20, the prosecution failed to provide the medical examiner’s report until Feb. 14.
“In other words, the government failed to disclose quite possibly the most important piece of evidence in this case until after Lafromboise pled guilty and Gardipee moved the court to waive her right to a speedy trial,” the brief supporting the motion says.
“The government’s conduct in this case is inexcusable,” it says in its conclusion. “The Court should dismiss the indictment against Cecilia Gardipee. Alternatively, at the very least the court should impose sanctions upon the government for its failures.”
The response from the prosecutors says the motion was proposed while a plea bargain was being discussed. Now a matter that should have been resolved between lawyers, “has been elevated to the court,” the response brief says.
The prosecution had thought the medical examiner’s report had been included in the original discovery, the brief says.
“Regardless, Gardipee has had ... report since February 14, 2-14. Gardipee has known (the) conclusions since December 12, 2013,” the brief says.
Federal District Judge Brian Morris set a hearing for March 13 on the motion to dismiss charges.