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AUGUSTA – A Maine Superior Court judge on Friday will impose a new sentence for Sally Ann Schofield of Chelsea, who was convicted in the suffocation slaying of a foster child in her care in January 2001.
Schofield’s resentencing comes four months after a decision by the Maine supreme court to throw out the original sentence for Schofield, 28 years in prison, with eight years suspended and six years’ probation.
In its decision, the supreme court ruled Schofield could not receive so harsh a sentence without a jury deciding that her crime was among the most heinous of its kind. Schofield had given up her right to a jury trial.
State prosecutors are now recommending a 20-year sentence with no probation.
Deputy Attorney General William Stokes said the death of Logan Marr, who was 5, was among the worst of manslaughter crimes against children, saying it “is unique in that we had the duct tape, which, in effect, was a weapon.”
The child had suffocated after being bound by duct tape to a high chair.
Schofield’s defense lawyer, Jed Davis, is recommending a sentence of 15 years with all but five years suspended. That would allow Schofield to serve 41/2 years in prison, including time off for good behavior. With time already served, she could be free in a year and a half.
“I think that would be a fair sentence, given sentences in other cases,” Davis said. “What I’m hoping is we can avoid another appeal.”
Schofield, a former state child-protective worker, was convicted by Superior Court Justice Thomas Delahanty II in 2002. Charges against Schofield were downgraded from murder to manslaughter during her trial.
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