MACCLENNY, Fla. – A Baker County babysitter who was recently convicted of killing 10-month-old Ariya Paige is hoping to soon be out of prison on bond as she appeals her conviction.
Rhonda Jewell, 47, was back in a Baker County courtroom Tuesday requesting a bond so that she can be back at home while she appealed her third-degree murder and child neglect conviction.
Two months ago, Jewell was sentenced to 17 years in prison. The punishment was handed down just weeks after she was convicted.
The conviction came just days after Jewell took the stand and admitted the toddler she was babysitting died because she forgot she left the child in a hot SUV for five hours.
News4JAX has learned that Jewell’s court appeal is based on what the jury was not allowed to consider when they received their instructions before deliberation.
Jacksonville attorney John Holzbaur is not affiliated with the case but reviewed the appeals documents to explain the nature of Jewell’s appeal argument.
“It’s not a question of whether the act occurred, the defense attorneys in the second half of this motion are challenging the constitutionality of the instructions to the jur,” Holzbaur said. “The judge determined that as to the counts, the defendant was found guilty of did not require mens rea. That is the intent to commit the act,” Holzbaur said.
Jewell’s defense attorney provided examples of similar criminal cases in Florida involving defendants who did not intend to kill someone.
“Other jurisdictions found that mens rea or the intent to commit the act should have been a requirement and should have been part of that jury instruction, so we’re going all the way back to trial, challenging those jury instructions. Before the jury retired back to the jury room to deliberate, there was something potentially wrong with the instructions that they had. Yes. The act happened but did the defendant have the mens rea?, “Holzbaur asked.
Holzbaur said on the flip side, prosecutors will likely bring up similar cases where the intent was not needed to get a guilty verdict. Either way, this is expected to be an intense appeal that could last months.
As for the chances of Jewell receiving a new bond while she appeals her conviction, HolzBaur said Judge William Slaughter will weigh Jewell’s argument about the jury instructions, consider her reputation before she was arrested, and how she conducted herself while she was out of jail on bond awaiting trial.
In the meantime, Jewell remains in prison awaiting the judge’s decision.