COLUMBUS, Ohio (WCMH) — An Ohio woman serving time on charges of killing a 9-month-old girl in 2003 is being released from prison.
A court order in Franklin County on Thursday vacated the conviction of Kim Hoover-Moore and ordered her immediate release. The prosecutor will not refile charges, according to court documents.
She had been found guilty of one count of murder, two counts of endangering children, one count of felonious assault, and one count of involuntary manslaughter.
Hoover-Moore had been babysitting the child on Nov. 29, 2002, when she called 911 to report the child was having trouble breathing. Medics transported the baby to Children’s Hospital, where a CT scan showed she was suffering from a skull fracture and other signs of shaken baby impact syndrome, according to court records.
At trial, the attending physician said the injuries had occurred “within probably minutes” of the 911 call. But the defense argued that the child’s father caused the injuries before placing the baby in the defendant’s care.
According to the Office of the Ohio Public Defender, “advances in medical science have changed the formerly held belief about how quickly a child will become symptomatic following a brain injury.”
The public defender’s office said the original coroner and other experts later reviewed the child’s records “and discovered that she suffered from an older head injury that occurred days to weeks before her collapse” and death.