Jury Acquits Mother of Murder, Deadlocks on Lesser Charge
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A 23-year-old Garden Grove woman was acquitted of second-degree murder and voluntary manslaughter charges Tuesday in connection with the death of her 3-month-old daughter.
But jurors in the courtroom of Superior Court Judge Jean Rheinheimer could not agree on whether Tammy Lee Immings was guilty of involuntary manslaughter.
Deputy Dist. Atty. Robert Molko said Immings will be tried again, according to defense lawyer Joel W. Baruch.
“It is a victory,” Baruch said. “I still believe she did not kill the baby.”
Throughout the trial, the prosecution contended that the baby had died of suffocation. The defense put two doctors on the witness stand to testify that the cause of death could have been sudden infant death syndrome.
Immings had entered a dual plea of not guilty and not guilty by reason of insanity. Two court-appointed psychiatrists found that Immings suffered from schizophrenia and was insane at the time of the death.
On March 9, Immings awakened the baby’s father, Robert Ray, with whom she lived, and told him that she had killed the child, Baruch said. She told the same thing to three other family members and two police officers, the lawyer added.
“She said, ‘The voices made me do it, I killed the baby to save the world,’ ” Baruch said. She told psychiatrists that at one time she thought she must kill herself to save the world, Baruch said.
Had she been convicted of second-degree murder, Immings could have been sentenced to 15 years to life in prison. Jurors voted 10 to 2 to convict Immings of involuntary manslaughter, which is punishable by a maximum of four years in prison.
Jurors deliberated for three days after five weeks of testimony.
“I think it’s ridiculous to retry the case,” defense lawyer Baruch said. “Even if they get a conviction, the girl, Tammy, is not prison material. Whatever happens, what she needs is psychiatric treatment.”
Immings has been in the Orange County Jail since March 9. Baruch said he will ask Rheinheimer on Friday to release her pending the new trial.
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