: DAYTON, Ohio (AP) -- A woman convicted of murdering her infant daughter by microwaving her was spared the death penalty Wednesday by a jury that couldn't reach a unanimous decision.
China Arnold showed no immediate reaction, but she smiled and waved to family members as deputies led her from the courtroom. Her relatives told her they loved her.
"I love you all, too," said Arnold, 28.
The defense had argued that Arnold was drunk when the offense occurred and had no motive, while prosecutors had called the crime "heinous" as they argued for the death penalty.
After about five hours of deliberation, the jury told Montgomery County Common Pleas Judge Mary Wiseman that it couldn't decide whether to recommend the death penalty or life in prison, and that it wouldn't be able to make such a decision even if it deliberated through Thursday.
Wiseman is now limited to sentencing Arnold to life in prison without parole, life without parole for at least 30 years, or life without parole for at least 25 years. She plans to impose her sentence Monday.
Arnold was accused of killing month-old Paris Talley in 2005. A judge declared a mistrial in February, and the retrial began August 18. The jury found Arnold guilty Friday of aggravated murder.
"It's not about achieving the death penalty," Assistant Montgomery County Prosecutor David Franceschelli said after the jury's announcement. "The judge is going to figure out the appropriate penalty. The jurors in this case took a shot at sentencing, and for whatever reason 12 people couldn't come to the same conclusion."
Outside the courthouse, Arnold's relatives hugged one another.
"We're relieved that an innocent person didn't receive the death penalty," said defense attorney Jon Paul Rion. "It doesn't make sense that a person who has had no real problems in their life can even be accused of something like this."
Rion had asked Tuesday for a new trial, saying a former cellmate who said Arnold confessed to the crime has changed her story. Wiseman has not ruled on the motion and said she would schedule a hearing.
Rion said he plans to present witnesses that point to another person being responsible for the baby's death.
During the trial, an 8-year-old boy said he saw another boy walk into the kitchen of a nearby apartment with the baby, heard the microwave go on and then later saw the burned baby in the microwave.
Attorneys for both sides addressed the jury before deliberations on Wednesday. The fact that Arnold had been a Girl Scout, that her father died when she was young and that she comes from a close family does not outweigh the seriousness of the crime, Assistant Montgomery County Prosecutor Daniel Brandt said.
"That tells us she has no excuses for her actions," he said.
Defense attorney Kevin Lennen urged the jury not to recommend the death penalty, saying Arnold was drunk at the time and that she had no motive to kill her child.
Franceschelli had the last word, calling the crime "heinous." He pulled out a wristwatch and waved it at jurors.
"If this is not the time for the death penalty, when is the time?" he said.
Dumb f^cking ***! It's even worse when it's a woman that hurts her child! A dumb *** man I understand but women should feel more connected to their child! I hope she rots in prison and then in hell! Just like that *** Casey Anthony! People should have to be evaluated before having children! How could you do something like that? To a defenseless child! Evil devil spawns.
what they hell are they serious? So what if she was drunk, that ain't no type of reasonable excuse to be spared. So if someone drives drunk and kills a whole bus load of kids they're 'off the hook" cause they were drunk?! Tell me what kind of sense does that make? to think *** near anybody can be a parent SAD. Ugh SMH.
innocent? since when was being drunk a legitiment excuse? she put the baby in the microwave and cooked her. she was a month old. she felt that!!!!! that was heinious. the pain of her flesh and skin burning. the pain of her brain frying. the pain of this happining. shes *** sick. no one sane does these things. no one with a soul does this. she a fu(king animal that needs to be put to sleep. her family dont have anything to do with it. they didnt feel what that baby felt.
ARE THESE JURY MEMBERS A BUNCH OF MORONS???
SHE SURELY DOESN'T DESERVE TO LIVE AND HAVE US TAXPAYERS PROVIDE FOR HER FOR THE DURATION OF THE REST OF HER LIFE. ANYONE WHO CAN HURT A DEFENSELESS BABY SHOWS JUST WHAT TYPE OF ANIMAL THAT THEY ARE.
I HAVE NO SYMPATHY FOR PEOPLE WHO HURT KIDS BECAUSE THERE ARE THOSE OF US WHO CANNOT HAVE CHILDREN THAT WOULD LOVE TO BE PARENTS. FURTHERMORE, THERE ARE SO MANY PLACES A CHILD CAN BE DROPPED OFF IF YOU ARE INCAPABLE OF TAKING CARE OF THEM.
I HOPE THE OTHER INMATES GIVE HER WHAT SHE DESERVES.
KILL OFF SHE BLOOOOOOODCLAATT THATS HER FLESH *** BLOOD *** DEY LET HER OFF CAUSE SHE WAS DRUNK. FIRST IF ALL U GONNA DO IS GET DRUNK USE A FUQIN CONDOM EVENTHO IT TAKE MAD FEELIN OUT DO SUMTHIN NOW U DONE HAD A KID *** U THROW EM INA MICROWAVE WAT IS THERE TO DECIDE ON KILL HER SUM PPL DONT HAVE A HEART *** IF U HAVE A CHILD UR DRINKIN SHOULD B LIMITED CAUSE U HAVE A CHILD BUT SHE HAD NO REMORSE FOR HER CHILD WENT INTO JAIL *** HER CELL MATE SNITCHED ON HER I WOULD HAVE 2 HONESTLY CAUSE THATS IN-HUMANE BEHAVIOR ESPECIALLI FOR A WOMAN TO DO THAT *** SHE GONNA GET OFF FUQ THAT KILL HER FUQ WA HUMAN RITEZ ACTIVIST HAD 2 SAI CAUSE WERE THE HUMAN ACTIVIST FOR THE BABY AT TO C SHE DESERVE THIS ONE AGAIN A SYSTEM WHO WEN THERE IS NO CRIME THEY SENTENCE HARD LIKE 6 COUNTZ OF MURDER 2 OVA 150 YRZ *** DA ONEZ WHO DOO DA SERIOUZ CRIME GET OFF WIT 25 2 LIFE
THIS REALLY UPSETS ME!! THERE ARE PEOPLE OUT HERE HOW CANT HAVE KIDS AND WOULD DO ANYTHING TO HAVE CHILDREN! AND THESE SICKOS ARE SITTING HERE KILLIN, RAPING CHILDREN IT SICKENS ME. I KNOW CHILDREN CAN BE HARD TO DEAL WITH BUT IF YOU DONT WANT YOUR CHILD ANYMORE OR CAN DEAL GIVE EM UP FOR ADOPTION TAKE EM DOWN TO SOCIAL SERVICE AND GIVE EM UP! YOU WILL FACE THOSE CONSEQUENCES BUT EVEN WORST YOU WILL FACE MY PEOPLE AND GOD BY MURDERING YOUR CHILD!
ok I have seen people do crazy stuff drunk. I myself once left my shoes in the club I was so drunk but put my child in the microwave? And the baby was only a month old? She would have done better leaving the child on some church steps, I mean that is legal and atleast the child would have a chance at life! Dumb broad! There is a special place for her in hell! And Da_mn the dumb dude that knocked her up! Choose better partners people! He had to know she was 51/50 when he was goin at it raw dog!
