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Lawyer: Raquel Nelson Trial Pointless

But the prosecution tells the Court of Appeals that the Marietta mom, not a hit-and-run driver, deserves the blame for her son's jaywalking death in 2010.

Prosecutors passed on the chance to speak in court today about why Marietta mom Raquel Nelson should be retried for vehicular homicide, but they made their case clear in a court filing, according to The Associated Press:

Nelson, not hit-and-run driver Jerry Guy, was responsible for the death of her 4-year-old son, A.J. Newman, two years ago.

"The officers determined that A.J. was killed because his mother walked with him into the roadway under unsafe conditions," reads the 29-page brief from the Cobb County Solicitor General’s Office to the Georgia Court of Appeals, according to the AP report. "Another driver could have just as easily been the one that hit A.J. In fact, there is evidence that another driver did almost hit the group after the collision."

But Nelson’s attorney, Steve Sadow, that Cobb County has no evidence to try his client in her son’s accidental jaywalking death, The Atlanta Journal-Constitution reported. He said further prosecution would be pointless.

Should the appeals court dismiss the charges against Raquel Nelson? Tell us in the comment space below.

Guy pleaded guilty and served six months in jail in 2010 after fatally striking A.J. on Austell Road south of Marietta, but prosecutors said he was charged only because he fled the scene, according to the AP report, carried by The Huffington Post.

Nelson was crossing the darkened five-lane road with A.J. and her two daughters a third of a mile from the nearest crosswalk to get to their apartment complex from a Cobb Community Transit bus stop April 10, 2010. A.J. pulled away from her in the middle of the road.

She of second-degree vehicular homicide, reckless conduct and crossing a roadway outside a crosswalk, all misdemeanors punishable by up to a year in jail each. The remote possibility that she could serve six times as long in jail as the driver sparked , and outrage.

Judge Kathryn Tanksley , then gave her the option to have a retrial. but has since sought a with attorney Sadow, who took the case after her sentencing.

Tanksley but , meaning Nelson could get two years in jail if convicted again.

The retrial, initially scheduled for last November, during .

Nelson watched Monday’s hearing from the back of the courtroom.

The waiting is very hard, but, you know, hopefully it will come to an end,” Nelson told Fox 5.

Judges Charles B. Mikell, M. Yvette Miller and Keith R. Blackwell have six months to rule on the appeal, the AJC said.

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Peggy Hall April 18, 2012 at 12:24 PM
I think it's AWFUL. This poor mother has lost a child. She is guilty of jaywalking, but there is definitely a reason the driver of the car ran. Give this poor woman a break.
Woody J April 19, 2013 at 11:58 PM
Tis sad! We all cheat and cross where most convenient. One uncontrolled child dead and, a stupid driver with a record now? Trying to get a big payoff is out of the question. No1 kill this action.
Pam J April 20, 2013 at 01:11 AM
I wonder if all of you who are defending this woman, let me ask you this - if a mother leaves her child at home by themselves for a long period of time because they couldn't find a babysitter, would you forgive her? If a woman leaves her child in a car because she doesn't want to go to the trouble of taking the child out just to go inside the store - would you forgive her? Any mother who puts her children in harms way is not acting like a good mother. It's dark and she is trying to cross a busy five-lane road with three small children and shopping bags. I am very sorry that she lost her child, but she aided in that.

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