Lively gets life sentence

A judge denied Marilyn Lively’s request for a new trial and sentenced her to life in prison Tuesday for killing a 5-year-old child in her care.

Lively was found guilty Oct. 23 for the 2003 murder of Jermasha “Mannie” Decuir.

In denying her lawyers’ motion for a new trial, District Judge Lori Landry refuted each of their seven claims of error, including a claim that one juror’s ability to read lips might have influenced the jury’s verdict.

“Obviously, I’m in agreement with Lori,” said Assistant District Attorney Bo Duhe.

“I’m just glad that we have some level of justice for Mannie.”

Decuir died Jan. 30, 2003. Autopsy results showed she was beaten, burned, starved and ultimately suffocated in the weeks leading up to her death. Lively had been caring for Decuir and the girl’s younger brother for their mother for more than two years.

The child’s grandmother, Jeanette Sam, left the courtroom in tears following Tuesday’s hearing.

“I appreciate the justice for my grandbaby,” Sam said. “My daughter loves her little girl, and we miss her.”

In his motion for a new trial, defense lawyer Craig Colwart argued that post-trial interviews with jurors revealed that one, hearing-impaired juror read lips during off-the-record courtroom conferences, then shared what she learned with other jurors.

Landry denied the motion, saying the conversations “did not rise to a level” that would merit a new trial.

“There’s no reasonable probability that the alleged extraneous information influenced the jury ... or deprived Mrs. Lively of the right to a fair trial,” Landry said.

Colwart voiced his objection to the judge’s ruling. He said the issue will be taken up on appeal.

“The reason why we say things at the bench is we don’t want (jurors) to hear,” he said. “But the judge ruled differently, and that’s what we have appellate courts for.”

Landry then sentenced Lively to life in prison without benefit of probation, parole or suspension. The jury had previously deadlocked on the penalty phase, effectively sparing Lively the death penalty.

Lively, dressed in a black and white prison uniform, showed no reaction when the sentence was announced. Duhe said she likely will serve her term at the Louisiana Correctional Institute for Women in St. Gabriel.

Lively’s daughter, LaShawn Lively, said she was disappointed with the judge’s decision. She said she is hopeful her mother’s appeal will be successful.

“She didn’t get a fair trial and she didn’t get a fair chance today,” she said. “She deserves another trial.”