GUILTY KS - Oliver Ortiz, 9 months, dies of head trauma at Eudora daycare, 29 Sept 2016 *Arrest*

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TOPEKA, Kan. — A split decision by the Kansas Supreme Court means a woman accused of killing a child in her custody will get a new trial.

In August 2021, the Kansas Court of Appeals ordered a new trial for Carrody Buchhorn, of Eudora, who was convicted of second-degree murder after a baby died at her daycare center. She was sentenced to 10 years in prison.

 
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A woman accused of killing a baby at the Eudora day care where she worked will get a new preliminary hearing but will not be released from house arrest pending that fresh determination of probable cause, a Douglas County judge decided Tuesday.

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Buchhorn’s attorneys have argued that a new preliminary hearing is required to establish probable cause since the first determination of probable cause relied on the testimony of Coroner Erik Mitchell, who posited “depolarization” as the cause of Oliver’s death and whose testimony will not be used by the prosecution in the second trial.


 

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