DOVER, Del. (AP) — Delaware’s Supreme Court has rejected the appeal of a woman convicted in the death of a 10-month-old boy at her home day care.
The court on Thursday rejected Valorie Handy’s claims that a judge improperly allowed certain expert testimony during her trial and failed to give appropriate jury instructions, and that the prosecution made improper statements in closing arguments.
Troopers were called to the Handy’s Little Disciples day care in Millsboro January 2015 after a worker found the baby unresponsive.
Handy was charged with murder by abuse or neglect. She was convicted in 2016 of criminally negligent homicide and sentenced to 2½ years in prison.
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Prosecutors say Handy gave the boy diphenhydramine, the active ingredient in Benadryl.
The medical examiner classified the boy’s death as a homicide from diphenhydramine intoxication.