http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052407dntexexecution.24584b8.html>>>>snip
The 5-4 ruling by the state's highest criminal court means Kenisha Berry, 29, will be serving a life prison term for the 1998 smothering death of her infant, Malachi, who was found abandoned and bound with duct tape when he was discovered in a Jefferson County trash bin. The 4-day-old child remained unidentified and the case remained unsolved for five years until the Beaumont woman was identified as the mother of a newborn girl, Paris, found alive, but abandoned and covered with fire ants in a ditch in June 2003.
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Berry, a former corrections officer and day care worker, consented to DNA testing that confirmed she also was the mother of the boy.
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"While the state quite certainly proved that (Berry) showed a pattern of keeping the children sired by one man and discarding the children sired by other men, it did not prove that any other stimulus led to a violent or dangerous act in any other context," the court majority said.
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"We rarely reverse a judgment on a claim of insufficient evidence to support a finding that the defendant will be a danger in the future, and we do not do so lightly. In this case, we understand the jury's decision in response to the death of one infant and the abandonment of another, even if that decision is not supported in law."