No 3rd Trial for Syracuse mom--Great news for Ms. Gallishaw!

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DA: No 3rd trial for Syracuse mom in mold case

May 18, 2009 SYRACUSE, N.Y. - Prosecutors will not pursue a third

assault trial against a Syracuse woman who says her infant

daughter's lung injuries nine years ago were caused by exposure to

toxic mold, not child abuse, officials said Monday.

Instead, Gallishaw, 25, was sentenced Monday to time

served for her conviction in March for misdemeanor child

endangerment.

Gallishaw was accused of trying to suffocate her 7-week-old

daughter, a, in May 2000. But she claimed the baby's pulmonary

hemorrhaging happened after her clothing was exposed to toxic mold

when it was laundered in the basement of a relative's home.

An Onondaga County jury convicted Gallishaw in 2001 and she

served a 30-day jail sentence. That conviction was overturned last

year after defense lawyers produced photographs that appeared to

support Gallishaw's claim.

A second jury convicted her of the endangering charge, but could

not reach a verdict on the more serious count of first-degree

assault, leaving prosecutors with the option of trying Gallishaw

again on the felony charge.

Chief Assistant District Attorney Alison Fineberg told State

Supreme Court Justice Brunetti on Monday that prosecutors were

satisfied Gallishaw's child endangerment conviction was sufficient

to refute the mold claims and hold her responsible for injuring her

daughter.

Defense lawyer Keller said he expected the endangering

conviction will be appealed.

Gallishaw, whose daughter lives with her, said she appreciated

not having to stand trial again and she is determined to clear her

name.

Because she was a teenager at the time of the incident, Brunetti

granted her youthful offender status, removing the conviction from

her record and sealing her file.