NY woman says double jeopardy rights violated

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NY woman says double jeopardy rights violated

http://www.wcax.com/global/story.asp?s=10243966

WCAX-TV Vermont Fri, 24 Apr 2009 11:18 AM PDT

Associated Press - April 24, 2009 2:15 PM ET

SYRACUSE, N.Y. (AP) - A Syracuse woman who claims mold exposure and not child

abuse led to her infant daughter's hospitalization in 2000 is asking a judge to

overturn her recent child endangerment conviction.

Lawyer Keller says Gallishaw's double jeopardy rights were

violated during her March trial because it included testimony about two

incidents for which Gallishaw was acquitted during her first trial in 2001.

The judge set May 15 for oral arguments.

Although Gallishaw, now 25, was convicted of endangerment, jurors deadlocked on

a more serious assault charge, leading to a mistrial.

She was originally convicted of assault in 2001, but the conviction was

overturned after defense lawyers presented new evidence.