The prosecution in the case involving a woman who was charged with child abuse over the death of a 3-year-old child has filed a motion with the Superior Court to dismiss the case because the defendant has already passed away. <\/p>\n
Last week, assistant attorney general Coleen St. Clair filed a motion to dismiss with prejudice the child abuse charge against Lana Lynn Limes Fitial who passed away from cancer back on Aug. 3, 2021. <\/p>\n
Fitial\u2019s lawyer, assistant public defender Vina Seelam, stated that she learned on May 28, 2021 that the defendant had been diagnosed with stage IV oral cancer.<\/p>\n
On June 1, 2021, Seelam said she received a letter from an oncologist, Dr. Peter Brett, indicating that he would be referring Fitial for surgery and radiation treatment in Los Angeles within the next few weeks.<\/p>\n
Based on this information, the parties agreed that the jury trial and all associated dates should be vacated.<\/p>\n
Fitial, 45, was one of two women who were arrested following the death of the 3-year-old boy in March 2020. Fitial\u2019s partner, Stacey Laniyo, 37, is the other defendant in the case. Fitial and Laniyo were charged with one count of child abuse each.<\/p>\n
The boy was an adopted son of Fitial and was in the care of Laniyo.<\/p>\n
According to court documents, Fitial failed to provide medical care for the boy resulting in his death.<\/p>\n
As for Laniyo, she was found guilty of hitting the boy\u2014either with a tree branch, a broom, or her hand\u2014or of biting him, resulting in injury clearly beyond the scope of reasonable corporal punishment and harming or threatening the child\u2019s physical or mental health and well-being.<\/p>\n
Back in June this year, Laniyo was found guilty of one count of child abuse by a jury and was remanded to the custody of the Department of Correction following the issuance of the jury\u2019s verdict. <\/p>\n
Laniyo, through attorney Mark Scoggins, filed a motion for a new trial back on July 1, alleging that she did not receive a fair trial because of prosecutorial misconduct.<\/p>\n","protected":false},"excerpt":{"rendered":"
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