A motion for a mistrial was rejected Wednesday in the trial of Sarah Cullen, accused in the death of four-month-old Cash Bell.
Cullen is charged with Child Abuse resulting in the death. Prosecutors say she was the child's nanny when he died of head trauma.
In court on Wednesday, Cullen’s defense attorney asked for the mistrial based on an ostensibly prejudicial comment allegedly made by a nurse while Cash was being treated at the hospital. The judge allowed the trial to proceed.
Prosecutors say Cash died of blunt force trauma. The infant had two skull fractures, bruising and bleeding on the brain.
The child was taken to Women’s Methodist Hospital on February 28, 2013. He was unresponsive. Doctors began treating the lifeless baby but decided to have him air-lifted to Children's Hospital and Medical Center. Cash died five days later.
Investigators said Cullen told them three reasons why the boy was injured; that he bumped his head on a door, fell out of a swing and fell at the bottom of the stairs.
In opening statements, the defense called the evidence against Cullen circumstantial. Attorney Matthew Miller asked the jury to set aside emotion and listen to the evidence. He believes the state will not prove its case beyond a reasonable doubt.