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The woman who was convicted of killing her son had her conviction thrown out by the New Jersey state supreme court. A jury found him guilty in the murder of Timothy Wiltsey.
The New Jersey Supreme Court threw out the conviction of a Florida woman who was found guilty of killing her son 25 years ago.
It was a stunning turn in the case, which had remained unresolved for years even though the prime suspect in the case was the woman who gave differing accounts of what happened on the day Timothy was last seen.
It also means that she cannot be tried for the same thing again, which would violate a prohibition on double jeopardy.
He said that this was a great day for the rule of law and for the proposition that convictions have to be based on evidence. Everyone who has stood by her has been greatly appreciated.
After the justices split 3-3 in their decision to uphold the conviction, the Supreme Court called on the Appellate Judge to cast the deciding vote in favor of acquittal.
The court wrote in its majority decision that there was no reasonable jury that could find beyond a reasonable doubt that Timothy's death was caused by his murderer.
The prosecutor's office didn't comment.
In May 1991 she told investigators that she had last seen her daughter at a carnival in Sayreville. She gave conflicting accounts of who she saw abducting the boy. The marshy area near an office complex where Lodzinski once worked was where the body of Wiltsey was found.
As time went by, no charges were filed, and she continued with her life. She was in Florida when she was charged with killing Wiltsey. The blue blanket that was found with the boy's body was identified by the babysitters as belonging to the boy's father.
During her 2016 trial and on appeal, her lawyers argued that prosecutors didn't have enough evidence to show that she was responsible for the boy's death. The cause of death couldn't be determined because the body had deteriorated in the time between when he died and when it was found.
During arguments in October, he told the court that he didn't think there was a homicide.
The totality of the evidence, including her evasive answers during initial questioning, was enough to prove guilt beyond a reasonable doubt, as argued by prosecutors on appeal. The appeals court upheld the conviction.
The Supreme Court ruling in May upheld the appeals court decision. The conviction was left undisturbed despite the court splitting 3-3 with Chief Justice Stuart Rabner not participating.
In the modern annals of New Jersey legal history, no murder conviction has ever been upheld on such a lack of evidence, according to Justice Barry Albin.
The three justices that voted to convict said in their dissent that the majority does the opposite of what the law requires.
In October, the state Supreme Court agreed to rehear the case after admitting it had made a mistake by ruling on an appellate court decision. The court added an appellate judge to break a tie for the rehearing.
Even if the evidence suggested that Timothy did not die by accident, no testimony or evidence was offered to distinguish whether Timothy died by the negligent, reckless, or knowing acts of a person, even if that person were Lodzinski.
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David Porter is an AP writer.
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