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.
|
Advertisement
|
“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.”
Comments
mother of 5 wrote on Feb 12, 2008 1:54 PM:
"
Amen... wrote on Feb 12, 2008 1:30 PM:
God Bless The Child -Thank You Jesus "
angry at mother and grandmother wrote on Feb 11, 2008 11:13 PM:
God Bless Jermesha wrote on Feb 5, 2008 4:24 PM:
Answer to Uptown!! wrote on Feb 5, 2008 4:12 PM:
child was being totured and not report it. I don't know what kind of family ties these people have but, this is
so sad!!!!! "
health hazard wrote on Feb 5, 2008 1:06 PM:
Neaux Jesse wrote on Feb 1, 2008 5:51 PM:
and Jesse Jackson would come. And
one said the trial was not fair because
there was not a jury of her peers. I
sense the person means an all Black jury. Peers means members of your community, not race, creed, nationality, sex, age, or religion.
And no, Jesse or Al won't come, there's
no money in it for them! Rest assured. "
Educated wrote on Feb 1, 2008 2:30 PM:
First, the judge is a BLACK WOMAN. Second, comments of this nature should be kept 2 urself becuz ur not bold enough 2 reveal ur real name. U r a very ignorant person. Drive ur BMW 2 the courthouse & learn ur facts before u throw the word "race" n2 this trial. Ignorance doesn't get u far! "
Sparky wrote on Feb 1, 2008 12:55 PM:
Death peanlty advocate wrote on Feb 1, 2008 7:53 AM:
disappointed wrote on Jan 31, 2008 4:05 PM:
Ashley Orduna wrote on Jan 31, 2008 3:15 PM:
UPTOWN(THE B) wrote on Jan 31, 2008 2:28 PM:
Someone who knows wrote on Jan 31, 2008 8:01 AM:
Shame on all who saw the child and never did anything about it. "
K. Angers wrote on Jan 31, 2008 7:08 AM:
New Iberia wrote on Jan 30, 2008 7:58 PM:
Fan of the Judge wrote on Jan 30, 2008 7:46 PM:
for her leadership in sentencing Ms.
Lively to life in prison, no parole,
probation or suspension. So many judge's let people off with light sentences, especially in DUI cases!
It is refreshing to see a judge following the guidelines which are there
instead of interpreting the law. Where
was the government beauracracy set up
to avoid such a thing from happening?
And speaking of fair, how was what
happened to Mannie fair? Judge Landry's
leadership should be respected. The
guilty always complain it's someone
else's fault. "
Think before you SPEAK wrote on Jan 30, 2008 6:44 PM:
K. Angers wrote on Jan 30, 2008 5:37 PM:
wayne wrote on Jan 30, 2008 3:52 PM:
A Loving Mother! wrote on Jan 30, 2008 3:32 PM:
jess wrote on Jan 30, 2008 2:52 PM:
Say What???? wrote on Jan 30, 2008 2:24 PM: