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China Arnold, Attorney Want Evidence Thrown Out

Posted: 4:07 pm EDT July 19, 2007Updated: 4:33 pm EDT July 19, 2007

A Dayton mother is accused of allegedly killing her own child by cooking her alive in a microwave.

On Thursday, China Arnold and her attorney were back in court trying to get some critical information suppressed before her trial.

It has been almost two years since Arnold’s 3-week-old daughter was killed. Police said Arnold put the child in a microwave, causing burns to the child that are too gruesome to describe.

During the suppression hearing, witnesses said Arnold was very intoxicated the night her daughter died.

Arnold was arrested in November, more than a year after her daughter, Paris Talley, died.

Thursday’s testimony centered around the testimony of Michael Galbraith, a homicide detective with the Dayton Police Department.

In question was the validity of Arnold’s arrest more than a year after the child’s death. Arnold’s attorney challenged the arrest warrant that claimed she admitted to the killing and that there was DNA evidence to prove it.

Galbraith told the court that Arnold admitted to being the cause of the child’s death because she was the only adult home when the child was killed and because she was intoxicated and couldn’t remember what happened.

Galbraith said, “I asked the question, 'How did your baby receive such burns to cause the death?' She stated, 'I don’t know,' and said, 'I guess if I hadn’t gotten so drunk my baby wouldn’t have died.'"

The defense said that the statement is not a confession.

Investigators said that there were three other children in the house when the child was killed, but Arnold allegedly told police that they were asleep.

Also in question was the DNA evidence found in the microwave where the child died. Witnesses said on Thursday that the DNA is the child’s and not Arnold’s. So, the defense said that evidence can’t prove that Arnold was the one who put the child in the microwave.

However, the prosecution said that Arnold is the only one who could have done it.

At the conclusion of the hearing, Judge John Kessler ruled that prosecutors can use some of Arnold's statements at trial.

Arnold was charged with aggravated murder in the death of her baby. She has pleaded not guilty.

Prosecutors are seeking the death penalty. They said the coroner concluded that the infant's injuries could have been caused only by the child being cooked in a microwave.

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