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State Supreme Court rejects woman's appeal over day care death
By the Associated Press

BILLINGS - The Montana Supreme Court has rejected an appeal by a Laurel woman convicted of negligent homicide in the overdose death of a 1-year-old at her day care center.

Attorneys for Sabine Bieber argued that District Judge Gregory Todd made several mistakes before and during Bieber's 2005 trial in the death of Dane Heggem.

Justice Patricia 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 - urging jurors to complete its task and come to a unanimous decision - when the jury informed the court it was deadlocked, 11-1, on two of the five counts against Bieber.

That instruction was “not objectionably coercive” and has cleared at least one previous legal challenge, Cotter wrote in a decision issued Friday.

The Supreme Court also ruled that the judge was correct in allowing certain expert testimony, refusing jury instructions proposed by the defense, and denying a defense motion to suppress evidence gathered by a state investigator.

A jury convicted Bieber of negligent homicide and two counts of felony criminal endangerment after an 11-day trial in August 2005.


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