Wiseman immediately sentenced Arnold, 31, who remained quiet in the courtroom, to life in prison. Arnold declined to make a statement in court.
Wiseman told Arnold she will be appointed appellate counsel since she has a right to appeal.
Jurors convicted Arnold on May 13 of aggravated murder in the death of her 28-day-old daughter, Paris Talley, in 2005. Because it was a capital case, the trial had two phases, and the sentencing phase started Thursday. Jurors got the case after 6 p.m. Thursday and deliberated until 8:30 before stopping for the night. They resumed deliberations at 8:30 a.m. Friday before returning a recommendation around 12:20 p.m.
Assistant County Prosecutor David Franceschelli said the jury’s decision not to recommend death did not disappoint him.
“I respect their decision,” he said. “This defendant will spend the remainder of her living days in a prison.”
Defense attorney Jon Paul Rion, seemingly relieved by the life sentence, too, offered the jury “a word of thanks,” just before Wiseman discharged them.
None of the attorneys made any additional statements in open court during the brief sentencing.
After the sentencing, Rion said he was happy that the jury saw that Arnold’s life had worth. He also promised new appeals.
“The fight’s not over,” Rion said. “There are witnesses out there that know China is innocent.”
Rion said judicial rulings prevented him from presenting those witnesses. The appeals will be handled by a team assembled from across the country, he said.
Asked if his firm would be part of that team, Rion responded, “We will assist China until she’s a free lady.”
Family speaks out
“We speak for the truth,” said Arnold’s aunt, Wanda J. Stewart. “She is innocent. We’re going to let justice take its place.”
Stewart said she was relieved that the jury did not recommend death.
“I’m glad that they used common sense and maybe a little doubt,” she said.
The jury was instructed to weigh mitigating factors presented by the defense against the aggravating circumstance of purposely killing a child under age 13 while being the principal offender.
The jury was given four choices: death, life without the possibility of parole, life with the possibility of parole after 30 years or life with the possibility of parole after 25 years.
After receiving her sentence, Arnold was escorted from the courtroom by county sheriff’s deputies. She will be held in the county jail until she is handed over to the Ohio Department of Rehabilitation and Correction.
‘24 people ... have found (her) guilty’
Arnold’s first trial ended in February 2008 in a mistrial after a boy came forward — after the defense had rested it’s case — and said he saw another child put the baby in the oven. The boy was 5 years old in August 2005.
Arnold was convicted of all charges in September 2008 and sentenced to life without parole.
Some witnesses from Arnold’s prior two trials were not called, including Linda Williams, who testified in the first trial that Arnold told her she put the baby in the microwave — then testified in the second trial for the defense that her prior testimony was false. Another was the boy who testified for the defense in the second trial that he saw another child place the baby in the microwave.
The Ohio Second District Court of Appeals reversed Arnold’s second conviction in November, focusing on issues relating to Williams’ testimony.
As for the possibility of another appeal, Franceschelli said that all defendants have that right, but he stood by the conviction —Arnold’s second for her daughter’s murder.
“Now there are 24 people who have found the defendant guilty as charged,” he said. “This defendant has been convicted twice by two separate juries.”
About the Author