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| Woman Accused in Baby Death Freed |
| By Associated Press |
| Published: 07/29/2002 |
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A mentally retarded woman was released from prison last week by a judge who modified her 15-year manslaughter sentence in the death of a newborn who may never have existed. Dianne Tucker, 38, was accused of helping kill her sister's baby at birth. She was released by Washington County Circuit Judge Thomas Baxter on the one year she has served, plus one day of probation. The judge, without elaborating, said the change was 'just and reasonable' based on the evidence. Tucker's defense sought her release after a medical examination last year showed it would have been impossible for her sister, Victoria Banks, to have conceived a child. Banks' fallopian tubes were surgically cut in 1995 after the birth of her sixth child. Tucker, Banks and Banks' estranged husband, Medell Banks, were sentenced to 15 years on manslaughter pleas after being indicted for capital murder. Defense attorneys said the three are poor and mentally retarded and were coerced into pleading guilty to a crime that never occurred. After the ruling, Tucker hugged two of her children and departed without commenting. Prosecutors and Tucker's lawyers had agreed on the change in sentence before the recent hearing. During the resentencing, Baxter questioned Tucker to ensure she understood she was giving up her right to appeal. Lajuana Davis, Tucker's attorney, said the defense chose the sentence modification rather than seek a retrial because of the time it would take for the request to be heard. Tucker's sister, Victoria Banks, had told authorities while in jail on another charge that she was pregnant, and later said she miscarried while out on bail. Authorities became suspicious when she and Tucker told separate stories about how the baby was born and killed. No body or evidence of birth was ever found. Medell Banks, whose attorney sought the medical examination, has filed an appeal seeking to have his plea thrown out. Victoria Banks, who is serving a sentence for a separate crime involving a child's rape, has not appealed. |
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