Arizona: Aussie mum who could face death penalty fronts court

In an orange jumpsuit and shackled in chains, Australian Lisa Cunningham waved and mouthed the words "I love you" to her 21-year-old daughter in the public gallery.

Mrs Cunningham 43, was then ushered out of the courtroom, and back to jail in Maricopa County Jail, in Phoenix, Arizona.

The mother-of-four is awaiting trial on felony murder and child abuse charges, along with her American husband, former police detective Germayne Cunningham, over the death of seven-year-old Sanaa Cunningham.

Sanaa was Germayne's biological daughter, Lisa Cunningham’s step-daughter. The little girl died in February 2017, suffering a head injury, an open wound on her foot and a sepsis infection.

The prosecution also alleges Sanaa had injuries to her wrists consistent with being tied up using zip-ties.

The alleged crime, committed in Arizona, carries with it the death penalty.

The last time a woman was put to death in this state was in 1930; the Maricopa County Attorney believes this case fits the criteria, and the judge agrees. But according to Lisa Cunningham's defence team, the case is not as clear cut as it would seem.

Sanaa Cunningham was a troubled child, she was diagnosed with schizophrenia at age 6, and was prescribed anti-psychotic medication.

Court documents allege at times, the little girl was restrained with an oversized t-shirt tied behind her back.

The defence claims some of Sanaa’s injuries were self-inflicted.

Defence Attorney Eric Kessler says the parents repeatedly sought medical help for Sanaa, maintaining they took care of her to the best of their ability.

Mr Kessler told the court, shortly before she died, Sanaa was taken to a medical professional, and the parents were not given appropriate advice on how to help their child.

A murder trial for Lisa and Germayne Cunningham is still a long way off, perhaps up to 2 years.

In the meantime, defence counsel is alleging "prosecutorial misconduct" telling the he court, prosecutors told the grand jury "one side of the coin."

"I'm glad that the judge is taking our argument seriously. He's given them great thought and having taken them great thought and having taken the matter under advisement. That means that he is seriously considering remanding this back to the grand jury.

Defence Attorney Eric Kessler says the parents repeatedly sought medical help for Sanaa, maintaining they took care of her to the best of their ability.

Lawyers for the Cunninghams want the judge to send the case back to the grand jury, which in this state, has the role of determining the charges on the indictment.

Defence counsel is claiming a significant discrepancy in the timeline of Sanaa's death, an error of 3 hours, which the grand jury wasn't aware of when they determined Lisa and Germayne Cunningham should be charged with felony murder, a death penalty charge.

The 3 hours is significant according to the defence counsel, because it could have proved to the grand jury there was time for the child to receive medical treatment, and that parents didn't take her to hospital "at the last minute."

If the judge rules the case should be sent back to the grand jury for re-presentation, jurors have the option of coming back with different charges.

Anything less than felony murder and the death penalty comes off the table.

Source: 9news.com.au, Lizzie Pearl, October 13, 2018

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