ZALAIYA McCLOE - 1 yo (2009) - Wilkes-Barre PA

Posted: 3:48 PM
Updated: 5:01 PM
Cherry guilty of third-degree murder in infant death
A Luzerne County jury convicted Lamont Cherry of third-degree murder charges Thursday afternoon in causing fatal injuries to 1-year old Zalayia McCoe on May 29, 2009.

The jury returned it's verdict after a four-day trial before judge Tian Polachek Gartley.
Check back with timesleader.com for more information.


Read more: http://www.timesleader.com/news/Cherry-in-infant-death-.html#ixzz1bMKZWevM

October 21
Cherry guilty in death of 1-year-old
The Wilkes-Barre man could face 20-40 years in jail, an assistant D.A. says.
By Edward Lewis elewis@timesleader.com
Staff Writer

Lamont Cherry is taken back to prison after Thursday’s verdict amid television reporters asking for his comments about his trial.

WILKES-BARRE – Lamont Cherry did not move when a Luzerne County jury on Thursday found him guilty of causing fatal injuries to 1-year-old Zalayia McCloe.

Sheriff deputies quickly handcuffed and shackled Cherry in the courtroom minutes later.
“I still maintain my innocence,” Cherry said while being escorted from the courthouse.
McCloe’s mother, Christa Smith, breathed a loud cry in the courtroom when the verdict was read.
County detectives and Wilkes-Barre police alleged Cherry violently shook McCloe while she was in his care inside a Carlisle Street residence where he lived with Smith on May 29, 2009.
McCloe was flown to the Janet Weiss Children’s Hospital in Danville, where she died two days later.
Cherry testified he did not know how McCloe was injured. He said he was putting clothes away in a bedroom and found her lying on a stair landing next to barbell weights.
His defense team, William Ruzzo, Christopher O’Donnell and Michael Kostelaba, believe McCloe fell down two steps and struck her head on the barbells.
Assistant District Attorney Michael T. Vough, who along with Assistant District Attorney Maureen K. Collins, prosecuted Cherry, said the guilty verdict shows the jury did not believe McCloe died from a fall.
“Twelve people from Luzerne County disagreed with Mr. Cherry,” Vough said. “We stand by our investigation. From day one, we felt this wasn’t an accident. This was inflicted by Mr. Cherry.”
A family representative to McCloe declined comment, saying they want to wait until after Cherry is sentenced.
Judge Tina Polachek Gartley said Cherry will be sentenced on Dec. 29. Vough said Cherry faces 20 to 40 years in prison.
“Obviously, the jury looked at the medical evidence of the case and the overwhelming injuries this child suffered, and really rejected the defense claim of a fall. There was no evidence of a fall ever in this case,” Vough said.
During his closing argument to jurors, Ruzzo said the police investigation found no evidence that McCloe was abused in the residence.
“There were no marks on her arms or rib cage to suggest she was violently shaken,” the attorney told jurors.
Cherry was acquitted by a jury in January of first-degree murder, which eliminated the death penalty, before Polachek Gartley declared a mistrial on other charges due to misconduct by a juror.


Read more: http://www.timesleader.com/news/Cherry_guilty_in_death_of_1-year-old_10-21-2011.html#ixzz1bcL7qbNI

December 21
Cherry sentenced to 20-40 years for toddler's death
By Sheena Delazio sdelazio@timesleader.com
Times Leader Staff Writer

WILKES-BARRE - Luzerne County Judge Tina Polachek Gartley sentenced Lamont Cherry to 20 to 40 years in state prison Wednesday morning.

A jury in October convicted Cherry, 37, of third-degree murder in causing fatal injuries to 1-year-old Zalayia McCloe on May 29, 2009.
Cherry maintained his innocence, claiming a defense that McCloe may have fallen inside the Carlisle Street, Wilkes-Barre, apartment where he lived with the toddler's mother.

Read more: http://www.timesleader.com/news/Cherry-sentenced-to-20-40-years-for-toddlers-death-.html#ixzz1hzYvvtON