Mother seeks to have conviction thrown out after baby dies in crash

09/09/2015 // JusticeNewsFlash // (press release)

New York – A Long Island mother is seeking to have her conviction on manslaughter charges in connection with a fatal car crash dismissed. The Associated Press reported that the woman, Jennifer Jorgensen, is urging New York’s highest court to toss the conviction over the death of her baby who was born alive following the accident but died days after.

Jorgensen was acquitted on charges of manslaughter for the deaths of two people who were also killed in the head-on collision, which occurred in 2008.

According to defense attorney Richard Mischel, the case is an unprecedented one because the victim was not in a legal sense in existence when the crash took place.

Suffolk County Assistant District Attorney Karla Lato alleges the mother was recklessly speeding and crossing lanes, and failed to stop or wear a seatbelt, leading to her baby’s death.

Jorgensen received a prison sentence of three to nine years, but was granted a stay pending her appeal.

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Source: Associated Press News Story http://news.findlaw.com/apnews/285d0c89e4324be7aea453e731945b50

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