- Associated Press - Tuesday, October 21, 2014

WHITE PLAIN, N.Y. (AP) - A woman who was once charged with killing her severely disabled daughter through neglect - but won a dismissal - may have to stand trial again.

A Westchester County prosecutor said in court Tuesday that the case against Nicole Diggs will go before a new grand jury next month.

Diggs and her husband, Oscar Thomas, were charged in June with negligent homicide in the 2012 death of 8-year-old Alayah Savarese (ah-LY’-uh sah-vuh-REES’). Prosecutors said the girl did not receive proper nutrition or medical treatment.

But Judge Barbara Zambelli dismissed the charges last month. She said a detective’s testimony to the grand jury that indicted the couple was inaccurate and improperly suggested that the girl’s trust fund was a motive in her death.

Defense lawyers did not return calls seeking comment.

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