Rosalie died when she was 2 years old, wracked with seizures from a fractured skull.
Later this week, an Elmore County jury will determine if her step-grandmother is responsible for her death. Pamella Shelton, 54, faces murder charges in the case, court records show. She was indicted in October.
"Mrs. Shelton is a loving, grieving grandmother," said Jennifer Holton, her attorney. "She has been consistent in her statements of being not guilty in all of this."
The autopsy showed Rosalie died of blunt-force trauma to the head.
“She had fractures all over her skull,” said Chief Assistant District Attorney C.J. Robinson. “There was no way these injuries were consistent with an accident; Rosalie falling out of the crib or rolling off the couch. When the 911 call came in, medics found her in the home seizing and throwing up.”
The defense was expected to use medical history that Rosalie was diabetic and had a history of seizures before her death. That plan was shot down in a pre-trial motion hearing on Monday, just after the jury was struck. Circuit Judge Bill Lewis Jr. ruled the medical information was not admissible, Robinson said.
“There is absolutely no medical history that shows Rosalie was diabetic or had a history of seizures,” he said. “In her previous visits to doctors, she had nothing diagnosed that would remotely show she was diabetic or prone to seizures. Our position is Shelton told the responding paramedics that she had health problems in an effort to cover up her actions.”
Rosalie was in the care of her step-aunt and Shelton. The investigation of the Wetumpka Police Department shows Shelton was responsible for the injuries,
Trial begins Thursday for Wetumpka step-grandmother accused in death of 2-year-old girl
“She had fractures all over her skull,” said Chief Assistant District Attorney C.J. Robinson. “There was no way these injuries were consistent with an accident; Rosalie falling out of the crib or rolling off the couch.
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Elmore County Circuit Judge Bill Lewis Jr. has declared a mistrial in a toddler's death murder trial.
Defense attorney Jennifer Holton asked for the mistrial before lunch after Wetumpka Police Department detective Josh Barfoot testified under direct examination by Assistant District Attorney Jillian Jordan Evans that he contacted Pamella Shelton by phone and that she declined to talk to him.
Shelton faces murder charges in the death of Rosalie Rawls, 2. The autopsy report showed Rosalie died of blunt force trauma to the head. The mistrial does not mean the charges have been dropped against Shelton, it just means a new trial will take place the week of Nov. 4.
Holton argued that Barfoot's testimony prejudiced the jury because Shelton had evoked her Fifth Amendment right against self-incrimination. Lewis broke trial for lunch and told both sides he would hear arguments after the meal recess.
Both prosecution and defense argued case law, and Lewis appeared to side with the prosecution when he allowed testimony to continue. Then about 2 p.m. Lewis announced from the bench, outside the presence of the jury, that he had reviewed the case law offered earlier and had no recourse other than to declare a mistrial.
He did not allow the state to argue further.
Judge declares mistrial in trial of Wetumpka step-grandmother accused of killing 2-year-old girl
“This injury was not an accident,” Dixon said. “It wasn’t a fall. It was caused by Rosalie’s head being slammed on an extremely hard surface. Or Rosalie being struck by an extremely hard, flat weapon."
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