Mom accused of microwaving baby may face 3rd trial; gag order reimposed

DAYTON — The judge in the case of China Arnold, whose conviction on charges accusing her of killing her 4-week-old daughter in a microwave oven was reversed, has reimposed a gag order on attorneys in the case.

On Tuesday, Montgomery County Common Pleas Judge Mary Wiseman said the order was necessary because the Dayton woman could face a third trial and it’s necessary to avoid tainting prospective jurors.

Wiseman said she’ll decide sometime before Jan. 14 whether Arnold could face the death penalty.

Arnold, 30, was brought to the county jail from the Ohio Reformatory for Women in Marysville. On Nov. 17, Wiseman reinstated Arnold’s $1 million bond. She said she expected prosecutors and defense attorneys will meet with her on Jan. 14 to discuss the next steps in the case.

Arnold has been tried twice in the death of Paris Talley, who died Aug. 30, 2005, after authorities said the baby was placed in a microwave oven.

The first trial ended in a mistrial. Arnold was convicted of aggravated murder and other charges in the second trial.

The Ohio 2nd District Court of Appeals reversed her conviction Nov. 5, opening the door for a third trial. The appeals court found that prosecutors did not provide the address for Linda Williams, a former cellmate who testified against Arnold in the first trial, and that defense attorneys only had one brief chance to speak with Williams before she testified.

On Nov. 12, the prosecutor’s office asked the appeals court to reconsider its decision. Prosecutors argued that the reversal was based on inaccurate information.

Prosecutor Mathias Heck Jr.’s office argued that its attorneys gave Williams’ address to the defense team five days before she testified and that the defense team met with her twice before she testified.

Williams testified that Arnold told her she put the baby in the oven. During the second trial, prosecutors said they could not find Williams and played a videotape of her testimony from the first trial. Afterward, testifying for the defense, Williams recanted her prior testimony.

Arnold has spent nearly four years in jail and prison.

Contact this reporter at (937) 225-2414 or kwynn@coxohio.com.

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