Appeals Court Throws Out 11-Year-Old Girl’s Conviction in Killing of Toddler

An appeals court on Thursday reversed the 1996 conviction of an 11-year-old girl accused of beating to death a toddler, ruling police questioned her illegally.

The 3rd District Court of Appeals said that the signed confession given by Lacresha Murray, now 14, was illegal because she was “isolated and alone” when she gave it.

“At a minimum, we cannot say that appellant’s statements were not the product of fright and despair,” the court said.

Lacresha originally was charged with capital murder, making her the youngest person in Texas to face such a charge. After two trials, she eventually was convicted of injury to a child and sentenced to 25 years for the beating death of 2-year-old Jayla Belton.

The case was ordered returned to juvenile court. Lacresha will remain at a Texas Youth Commission facility unless prosecutors drop the charges.

“I am going to assume that they’re going to retry her a third time,” said her attorney, Keith Hampton.

Prosecutors had no immediate comment.

Jayla died in May 1996 of massive internal injuries, including a ruptured liver.During a two-hour interview, Lacresha denied killing Jayla at least 40 times, but still signed a police-written statement saying she may have dropped and kicked the toddler.

In Texas, a juvenile taken into custody by police must go before a magistrate before being questioned. Prosecutors argued Lacresha wasn’t officially in custody and could have left at any time.

Justice Lee Yeakel, writing for the appeals court, disagreed.

“She was not, however, told that she was free to leave the interview room or the children’s shelter, and she was never told she could call her grandparents or any other friendly adult,” Yeakel said.