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Local News

May 4, 2011

New judge in attempted capital murder trial

GREENVILLE — The trial of a local woman, charged with attempted capital murder, has been moved to a different court and postponed.

The defense attorney for Lola Danielle Cherry, accused of trying to kill her newborn daughter on Halloween night in 2009, had sought to disqualify 196th District Court Judge Steve Tittle from presiding over the case.

Jury selection had been scheduled in the court Monday morning for Cherry, 19, of Greenville, who had pleaded not guilty.

Attorney Russell Brooks had filed a motion seeking Tittle’s removal from the trial, as Tittle — then an Assistant District Attorney in Hunt County — was the prosecutor in an earlier felony offense in which Cherry was the victim.

The trial was transferred Monday to the jurisdiction of the 354th District Court. A new trial date had not been set in the case as of Tuesday afternoon. Prosecutors have subpoenaed 18 witnesses to testify during the trial. Should Cherry be convicted of attempted capital murder, she is facing a maximum sentence of from five to 99 years to life in prison.

Police officers were reported to have responded to a call of a newborn choking and not breathing in the 2600 block of Jones Street on the night of Oct. 31, 2009. The child was transported to the hospital and an investigation of the incident led to an arrest warrant being issued on December 29, 2009 for Cherry.

Cherry was alleged to have placed a baby wipe inside the child’s throat.

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