Judge finds no probable cause in stepson death case - FOX13 News, WHBQ FOX 13

Judge finds no probable cause in stepson death case

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    Friday, October 4 2013 3:43 PM EDT2013-10-04 19:43:45 GMT
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OLIVE BRANCH, Miss. (FOX13) -

Olive Branch Municipal Court Judge Jim McGarrah found no probable cause that stepmother Patricia Gale Redman be held for the death of her stepson.

Redman is charged with capital murder in the death of her 2-year-old son, who died Jan. 22 after being taken off life support at Le Bonheur Children's Hospital in Memphis.

MORE Stepmom charged with 2-year-old's death

Judge McGarrah noted that there were no sounds of beating or banging in the house and there were no witnesses.

Defense attorneys John Keith Berry and Martin Zummach argued that there was just not enough to hold Redman over.

"I'd like to take a step back and make it first absolutely clear that Miss Redman had nothing but the highest degree of love for this young man," Berry said after the municipal court hearing. "She was in his life. There has been nothing that we've seen up the this point, at all, indicating that she was anything more or less, rather, than a loving parent to this child, and that was the focus of what we were doing."

"The Olive Branch Police Department did in fact take this case to present to the grad jury and that's what Mr. Berry was referring to," Zummach said. "Because the officer who is probably the most candid officer I have seen in my 23 years of practice, said 'I'm taking this to the grand jury with both suspects on there, both adult suspects.' The district attorney's office took it upon themselves, 'Well, we're disregarding what you say. We're going to go after Chris Redman.'"

Olive Branch Police Chief Don Gammage said after the hearing he will take the case to the DeSoto County grand jury.

"I'm very disappointed. I feel like we've done a great job with the case but the jury sought fit there was no probable cause today," Chief Gammage said. "We will pursue this further and take it to the grand jury. I've already spoke to the district attorney's office since this outcome today."

The defense argued on that day the toddler had trouble breathing initially, the child had flu-like symptoms, had a cyst on his brain, bruises on his body after playing with his brother, and suffered an injury on a playground.

There were three people inside the house initially when the child had trouble breathing.

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