DeKalb County News 5:28 p.m. Wednesday, October 7, 2009

DeKalb woman acquitted in shaken baby death

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The Atlanta Journal-Constitution

Day care provider Melonie Ware served over a year behind bars for the murder of 9-month-old Jaden Paige, but a DeKalb County jury acquitted her Tuesday after a second trial.

Jaden was in Ware's care when he went into fatal seizures at her in-home day care north of Decatur on March 18, 2004. Ware  was convicted of murder in the "shaken baby" case, and was sentenced to life in prison.

But Ware was later freed on bond. DeKalb County Superior Court Judge Gail C. Flake ordered a new trial, ruling that Ware's lawyer failed to present sufficient medical testimony to support Ware's contention that the boy died of sickle cell anemia.

DeKalb District Attorney Gwen Keyes Fleming's office appealed that ruling to the Georgia Supreme Court, but lost in 2007. The case returned to Flake's court, where defense attorney Tony L. Axam won acquittal.

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