Forsyth County, NC -- Hailey Rae Resch's parents hoped to walk out of a courtroom with a sense of healing. Instead, they feel pain and anger. The Resch's say their daughter's death is as fresh as ever.
A jury convicted their daughter's babysitter,Mary Elizabeth Roach ofmurder and child abuse. A judge overruled the decision and dismissed the case.
The family can't understand the reasoning or the timing behind the judge's ruling.
Judge John CraigIIItold the court the evidence was not strong enough to warrant a first degree murder conviction.
"When we heard the word 'dismissal' from Judge Craig, it was like he had killed Hailey all over again. It was like Hailey had died all over again," said her father, David Resch.
The prosecution appealed the decision. But it could be six months before the state reviews the case.
WFMY News 2spoke with Mary Roach's attorney, Richard Tate .
He says the judge was honest and followed the law. Tate maintains Roach is innocent. He said Roach does not want to comment about the case.
WFMY News 2contacted Judge Craig's office. He said it was not appropriate for him to comment on the case.
An Elon University School of Lawprofessor describes the judge's ruling as 'highly unusual.' But, he said it does happen.
"The judge is responsible for the law. The jury really judges the facts. So, sometimes, even though the juries come back with a verdict, it's up to the judge correct it if the judge feels this is no consistent with the law," said Steve Friedland.
The Resch's believe the judge made his decision before the case went to the jury. Professor Friedland said judges do that when there isn't sufficient evidence. The judge may hope the jury will come back with a not-guilty verdict because of the lack of evidence. Friedland said if that doesn't happen, the judge will overturn the ruling to follow the law, and also save time when it comes to the appeals process.
