& # 39; Someone who goes beyond a person in court will have to answer those questions & # 39 ;: Judge drives away courtroom with bizarre reason to indemnify mother accused of fracturing baby & # 39; s skull after jury jury
- Judge Mark Blumstein acquitted April Fox, 34, in Miami last Thursday
- Her trial for aggravated child abuse ended in a hung jury and a ministrale
- Fox claimed that her ten-month-old girl suffered from genetic disorders and a fall
- Blumstein took the extraordinary step of declaring that there would be no new trial
- But Fox will not regain custody after the child protection officers have sent the girl for adoption
- She is also being tried in Broward county for exercising legislation without a license
A Florida judge has shocked legal experts by acquiring a woman accused of breaking her baby's skull, giving prosecutors a chance to try the case again after a hanged jury.
Miami-Dade Circuit Judge Mark Blumstein took the unusual step on Thursday after a jury stuck in the trial against 34-year-old April Fox for exacerbated child abuse of 10-month-old Sophia in 2015.
Fox's defense was that the child had brittle bones and a genetic disorder that led her to suffer fractures after a fall.
& # 39; I'm really trying to get a sense of what happened that day & # 39 ;, Blumstein told the parties after the jury's resignation, according to the Miami Herald.
& # 39; I am not surprised at where the jury has gone, and someone who goes beyond a person in court will have to answer those questions. But in the light of what I have heard and after hearing the presentation of the state, I do not think that this will change with a new trial of this case. & # 39;
Miami-Dade Circuit Judge Mark Blumstein (left) took the unusual step on Thursday of releasing 34-year-old April Fox (right) for aggravated child abuse after a jury is stuck
Blumstein said to Fox: & # 39; This is four years ago that this incident happened. You have heard the concerns of the court about the course of this case. I spent a lot of time thinking about this matter and what happened. There are undoubtedly unanswered questions. & # 39;
& # 39; None of us were here, except maybe you and people you know. Certainly none of the lawyers was there to know what was happening, & he continued.
A jury member told the Herald that two members of the six-voice panel believed there was reasonable doubt, in particular someone insisting that the lack of witness statements was alarming.
The jury said the other four judges wanted to condemn Fox.
Blumstein is an elected judge and elections in Florida & # 39; s circuit courts are held without party agreements.
Prosecutors were stunned that they would not have the opportunity to try the case again. Legal experts say it is highly unusual for a judge to reject the charge in a serious criminal case.
Fox was arrested in June 2015 after taking her daughter Sophia to Jackson Memorial Hospital with multiple skull fractures.
Doctors also found partially healed fractures on the girl's arm and leg, suggesting previous injuries.
Blumstein, a veteran of the Navy, is seen as a campaign for election in 2016. Elections in Florida circuit courts are held without party agreements.
Fox was the girl's only caretaker at the time, and prosecutors claimed she had inflicted the injuries by beating the girl.
During the trial, however, her defense team argued that Sophia suffered from brittle bones and a genetic disorder.
They say the girl was prone to fractures from daily care and perhaps had a numb feeling of pain that left the previous fractures unnoticed.
Despite brain damage from the skull fracture and bleeding, Sophia can now walk and talk, and was adopted after childcare services in Florida had stripped Fox of her parental guardian.
Despite the acquittal, Fox will not regain custody of the girl.
Fox is now being tried in Broward County over various charges of license without license.
Researchers say that they have offered legal assistance in the areas of child assistance, criminal cases and forced selling.
The case came to light when Fox sued one of her alleged clients for non-payment.
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