- Associated Press - Wednesday, May 18, 2016

HAGERSTOWN, Md. (AP) - The mother of a 9-year-old boy fatally beaten over a missing piece of birthday cake is asking a judge to throw out her statement to police.

The Herald-Mail reports (https://bit.ly/1ssOijN ) that a judge heard arguments on Oriana Garcia’s motion Wednesday in Hagerstown but didn’t immediately rule.

Garcia is charged with second-degree murder in the July 5 death of her son Jack.

Defense attorney David Harbin says police led Garcia to believe she wouldn’t be charged if she cooperated, even though she had waived her Miranda rights.

Garcia told police she had seen her boyfriend “spar” with Jack, slap him and strike him with a bamboo sword. She also told police she had allowed Jack to be handcuffed.

The boyfriend, Robert Wilson, pleaded guilty to second-degree murder in March.

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Information from: The Herald-Mail of Hagerstown, Md., https://www.herald-mail.com


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