Attorneys for Sabine Bieber argued that District Court Judge Gregory Todd made several errors before and during Bieber’s 2005 trial in the death of 1-year-old Dane Heggem. Justice Patricia O. Cotter, writing for the court, rejected all six issues raised in the appeal.
Among them was whether Todd acted appropriately in issuing a “dynamite” instruction when the jury informed the court it was deadlocked 11 to 1 on two of the five counts against Bieber.
Other issues decided by the court include:
- Whether the judge was correct to allow expert testimony from a prosecution witness regarding his opinion of the case.
- Whether the judge was correct to deny a defense motion to suppress evidence gathered by a state investigator.
- Whether the judge was correct to refuse jury instructions proposed by the defense.
- Whether Bieber received a fair trail based on the “cumulative effect” of the judge’s rulings.
Dane was among several children at Tiny Tots Day Care, a business partly owned by Bieber, who received doses of diphenhydramine, an antihistamine commonly known as Benadryl. The drug can cause drowsiness, and prosecutors alleged Bieber used it to get kids to sleep.
The Heggem boy died Jan. 31, 2004, after Bieber found him unconscious in a crib.
She was convicted of negligent homicide and two counts of felony criminal endangerment on Aug. 30, 2005, after an 11-day trial. A jury acquitted Bieber of two other felony charges related to her treatment of children at Tiny Tots, which she owned with another woman.
Todd later sentenced Bieber to 40 years in prison on the three counts, but suspended 35 years of the sentence. She had been free on bond pending the appeal.
It was unclear if Bieber had been remanded into custody Friday evening.
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