Gardipee's motion to dismiss charges denied
Last updated 4/3/2014 at 1:29pm
A Rocky Boy woman charged with the murder of a toddler was denied a motion to dismiss the charges against her Wednesday.
In a March 13 hearing, Cecilia Rose Gardipee and her attorney filed a motion to dismiss the murder charge against her and exclude evidence. The evidence was an autopsy report that Gardipee’s attorney says U.S. Attorney Danna Jackson and her office failed to give to the defense at the proper time.
Jackson contended that though the report was late, it was given to the defense long enough before the trial that there is no violation of proceedings.
United States District Court Judge Brian Morris filed an order Wednesday with his decision.
“It is hereby ordered that Gardipee’s motion to dismiss (the autopsy) is denied,” the report says. “Gardipee provides no compelling evidence that the Government has committed a … speedy trial violation.”
Gardipee is charged with the murder of 11-month-old Kaidynce Small, whom she shook while drunk, causing brain injuries to the child. She admitted to shaking the child in a statement she made to the police.
The autopsy report also says the cause of death was due to skull fractures, but there is no absolute evidence for whether or not the shaking caused the fractures.
“The acute rib fractures … would be consistent with gripping of the chest, as could occur during an episode of shaking; however, none explain the complex skull fracture,” the report says.
Gardipee’s attorney said this finding in the report says an event other than Gardipee’s shaking could have led to the victim’s death, the court order says.
Gardipee’s trial is set for April 29 at the federal courthouse in Great Falls.