WISCASSET – A judge on Thursday acquitted a former foster mother of one major charge in her trial for the death of a 5-year-old girl entrusted to her care.

Superior Court Justice Thomas E. Delahanty II acquitted Sally Ann Schofield, 40, of Chelsea of the charge of depraved indifference murder after the prosecution rested. The defense asked for acquittal, and the judge concluded that the state statute was too vague.

Despite that victory for the defense, the trial will continue today on the manslaughter charge against Schofield.

Schofield is accused of wrapping Logan Marr in at least 42 feet of duct tape on Jan. 31, 2001, securing her in a highchair in a storage room in the basement. During the “timeout” for bad behavior, the child died. The duct tape, according to testimony from Maine State Police crime lab experts and Deputy Medical Examiner Michael Ferenc, covered the child’s mouth and possibly her nostrils.

The nonjury trial began Tuesday in Lincoln County Superior Court and is expected to last through Monday. The prosecution alleges that the child died by suffocation, while the defense claims the child died of a pre-existing condition that caused a seizure.

Throughout the trial, the prosecution has depicted a power struggle between Schofield and the child. Logan’s therapist characterized Logan as a “parentified” child who was bossy and defiant.

Shortly after lunch Thursday, the prosecution rested and defense attorney Jed Davis of Augusta made several motions to acquit his client, a former state Department of Human Services adoption caseworker.

Davis’ first point of acquittal was on the argument that the law does not allow someone to be convicted based on “[his or her] own statements.” The court had allowed taped interviews between police and the defendant, in which Schofield admitted to wrapping the child in duct tape, to be played in court. The judge denied that motion.

Secondly, Davis argued that the state had not proven that the child died of asphyxiation. That motion, too, was denied.

The motion to acquit Schofield for depraved indifference murder, however, was granted.

Delahanty noted that the Maine Criminal Code does not define the terms “depraved indifference” or “heinous.” The judge looked at the instructions that he would have given a jury, he said. He also pointed to the state not proving that the duct tape actually covered the child’s nostrils.

While arguing on his motions, Davis said the state had a strong manslaughter case, but not a case of depraved indifference murder.

“Any reasonable person would call this depraved,” Stokes said. “We’re not talking about a momentary loss of control.”

“There’s an element of an attempt to break this child’s spirit … an element of, you will do what I say,” Deputy Attorney General William Stokes said.

When court ended for the day, Davis said the case might have been disposed of much sooner if the state had not brought the murder charge and the case had not been affected by “intense publicity.”

When asked for his reaction to the acquittal, Stokes, one of the two prosecutors in the case, said the legal process was working.

“That’s why you have trials,” he said, “so there can be a public airing of the evidence … and let the fact finder make the decision.”

“I’m never disappointed when the process works,” he said.

Following the judge’s acquittal, Davis reached over and touched Schofield’s arm and she returned the gesture. When the judge recessed the court briefly, the defense attorney and defendant hugged.

Schofield walked over to where her family was seated and they all embraced.

Neither Schofield nor her family would comment.

Logan’s biological mother, Christy Reposa, formerly Marr,and her family sat through the trial from the beginning. They also declined comment.

When the manslaughter trial resumed, defense witness Stephanie Merrill, who was Schofield’s DHS supervisor, read positive comments about the defendant from work evaluations. She also testified that when things did not go the way Schofield wanted, she would not listen to other people and would “dig into her position.”

Schofield could be “inflated … pompous … overbearing,” Merrill added.

Earlier in the day, Maine State Police forensic DNA analyst Theresa Calicchio testified that DNA from tiny mustache hairs and blood found on a Wal-Mart bag at the crime scene by police investigating the death of Logan Marr matched DNA samples from the victim. And medical examiner Ferenc said the autopsy findings lacked any evidence of a medical condition or injuries causing the child’s death. The examination of the child and strands of duct tape in which she was wrapped also indicated that the tape covered Logan’s mouth and possibly her nostrils and “it clearly indicated she was [wrapped] snugly in the chair,” said Ferenc.

When court recessed for the day, Davis said the defense would not contest the evidence that Logan was taped by Schofield but would argue that the taping of the child did not cause her death. Logan had a seizure incident when she was 6 months old, which was information in DHS records, according to testimony during the trial.

During the trial, the medical examiner talked about “agonal” or provoked seizures as opposed to seizure disorder. The death process itself can cause agonal seizures, Ferenc said, as can heart attacks, gunshot wounds and other causes.

When Assistant Attorney General Andrew Benson – the other prosecutor in the case – asked Ferenc what might have provoked a seizure in Logan, Ferenc quickly responded, “Forty-two feet of duct tape.”

Davis expected to call mostly character witnesses today and still did not know if Schofield would take the stand.