A north Alabama judge has denied a defense attorney's request to have a new trial for a woman who was convicted of raping and sexually assaulting an 11-year-old autistic boy.
Khadeijah Moore was convicted for the rape of her boyfriend's 11-year-old autistic son.The judge denied a new trial request.
The attorney for Khadeijah Moore asked Madison County Circuit Judge Allison Austin to vacate the woman's conviction and set a new trial date.
Moore was convicted earlier this week for the rape and sexual assault of an 11-year-old autistic boy. The boy's father -- Moore's boyfriend-- also was convicted for directing her to commit the crimes because he believed his son was gay, prosecutors said.
Moore and Sean Cole were found guilty of rape, sodomy and sexual abuse of a child younger than 12. Each faces up to life in prison. Sentencing is May 24 at 11 a.m.
Defense Attorney Reta McKannan requested the new trial because her client, Moore, didn't show up for this week's court docket and was convicted in her absence.
"...the defendant would state that despite the fact that Miss Moore knew the date and time for trial, she did not affirmatively waive her right to attend and would assert that she is entitled to a new trial...," McKannan wrote in court papers, citing case law.
Moore is wanted on a warrant for failure to appear. The judge issued the warrant at the start of trial, which began Monday. The trial wrapped up with guilty verdicts following about two hours of jury deliberations Tuesday afternoon. McKannan filed the request for a new trial Wednesday afternoon.
McKannan said she doesn't know where 22-year-old Moore is. "But I wish I could find her," the defense attorney told AL.com.
Prosecutor Tim Douthit, an assistant district attorney, opposed the defense motion for a new trial. He wrote in court papers that the case law cited by the defense was "misplaced." The prosecutor also argued that the issue at hand already had been addressed.
"...this court held an evidentiary hearing...and found that the defendant had notice of the time and place of the proceeding, was informed of her right to be present, and voluntarily absented herself from the trial," Douthit wrote in his response Thursday morning. "She was properly tried (despite her absence)."
The judge agreed with Douthit, entering her ruling less than an hour after he filed the response motion.