Local News
Former cop was convicted Wednesday in childs death
Gary Pinnell | Highlands Today
Published: September 22, 2012
SEBRING - The public defender's office is already preparing the paperwork for the appeal of James Parker III, convicted Wednesday in the murder of 22-month-old Kaedyn Short.Published: September 22, 2012
Parker, 36, a former Avon Park police officer, was driven Friday morning to the Department of Corrections' Central Florida Reception Center in Orlando, said Major David Paeplow at Highlands County Jail.
Parker's attorney, Howardene Garrett, said other attorneys in the 10th Circuit Public Defenders Office will handle the appeal. "It's always good to look at these things with fresh eyes."
The three-judge appeals panel will decide if sufficient evidence existed to convict Parker, but it won't reweigh that evidence, Garrett said. Instead, appeals are based on judicial errors that may have occurred, which could win Parker a new trial.
Parker was sentenced immediately after the trial to life without parole on the murder charge and 30 years on the child abuse charge.
Although Judge Dennis Maloney gave Parker the option of a presentencing investigation, the life sentence was mandatory, Garrett said. She conferred with her client, and he chose to waive that right.
However, she said, as a convicted murderer, Parker also has the absolute right under Florida law to an appeal.
Prosecuting attorney Steve Houchin surmised that the jury must have concluded that since Parker was the only adult present on March 2009 night when Kaedyn was injured, that only he could be responsible. The evidence, Houchin said, proved that multiple blows to her head on that night were the cause of death.
Garrett didn't agree.
"But I would only be guessing what they thought," she said.
The defense contended that other cranial injuries could have been caused by Kaedyn falling off the top bunk bed or by her mother, Jenifer Sue Short, braking the car suddenly.
Although Garrett said Friday afternoon that she had not spoken to Parker since he was led to jail Wednesday night, "he was more concerned for his mother and his family than he was for himself. He is very gentlemanly. What you saw on the witness stand is how he is."
Short, who lived with Parker in Sebring until they were arrested, appeared in court Wednesday before Judge Angela Cowden.
She is charged with two felonies: neglect of a child with great bodily harm and failure to report child abuse within the home.
Short's pretrial conference was continued until 1:15 p.m. Oct. 1. Houchin said she may stand trial later this year.
gpinnell@highlandstoday.com (863) 386-5828
