Appeals Court Upholds Verdict For Mom Who Was Convicted Of Poisoning Her Daughter

An appellate court upheld the verdict of a jury that found a Mentor mom guilty of complicity to both attempted aggravated murder and contaminating someone's food, drink or medication, 

Erin Hendrix, 30, was convicted last year of repeatedly poisoning her 3-year-old daughter over a 17-month span. The child consequently suffered brain damage.

Hendrix was .

Her attorneys appealed the conviction on several different grounds.

They argued that indictment included accusations that were duplicitous and multiplicitous.

Duplicitous, in this case, means two or more offenses were wrapped into a single charge. Multiplicitous means some actions were charged more than once. In other words, they exposed Hendrix to double jeopardy.

However, the appellate judges did not agree with either claim.

"The counts were therefore discrete, distinguishable charges against which the appellant could defend without concern that double jeopardy would be violated," their decision read.

The judges added that, even if the charges were multiplicitous, it would not have mattered because all the charges were merged for purposes of sentencing.

Hendrix's attorneys also argued that the trial judge biased the jury by not dismissing charges of attempted aggravated murder and complicity of attempted aggravated murder. Their argument was murder must be the result of a felony of violence and Hendrix was not accused of any such felony.

While the appellate court agreed the attempted murder charges should have been dismissed, the judges said they ultimately did not have a material impact on her punishment because Hendrix would have faced 15 years to life in prison either way.

"We hold the decision not to dismiss these charges was harmless error," they said.

Finally, Hendrix's attorneys said the trial judge prejudiced the jury by allowing "irrelevent and misleading testimony regarding an alleged prior bad act and her character as a high school chemistry teacher."

Part of the prosecution's case was that Hendrix stole lead nitrate from the school where she taught and poisoned her child with it.

While a principal for who she worked was testifying, he also told a story about a time Hendrix broke a thermometer in class and didn't think it was a big deal the mercury leaked.

While the appellate court noted that the thermometer story may not have been relevant to the trial, it didn't bias the jury against Hendrix, they said.

"Simply because the testimony was not relevant to those charges, however, does not necessarily imply appelant was unfairly prejudiced by its admission," they wrote.

The judges voted 3-0 that Hendrix's claims of error were without merit.

Hendrix will be eligible for parole in 14 years.