The Court of Appeals of Georgia has dismissed the murder conviction for a Newton County woman in the October 2017 death of her newborn.
Cortney Marie Bell, previously sentenced to 30 years including 15 to serve, will likely spend less time in prison. The appeals court upheld her conviction for a felony charge of contributing to the deprivation of a minor, the ruling states.
“There was no evidence presented that Bell directly caused the victim cruel and excessive pain by inflicting blunt force trauma to her head; caused someone else to commit the act; aided or abetted in the act; or that she advised, encouraged, hired, counseled or procured someone to commit the act,” the order states.
District Attorney Randy McGinley said Monday the charge that stands for Bell carries a sentence of up to 10 years in prison. Either side may ask for the state Supreme Court to hear the case, McGinley said. If neither side does, Bell will be resentenced for the offense that was affirmed. McGinley said his office must thoroughly review the court’s opinion before deciding whether to ask the Supreme Court to hear the case.
Credit: HYOSUB SHIN / AJC
Credit: HYOSUB SHIN / AJC
In October 2017, Bell reported the baby missing from the family’s mobile home. That night, Caliyah’s father, Christopher Michael McNabb, angrily demanded the child’s return in front of television cameras. It’s likely that the newborn was already dead by the time McNabb pleaded for the community’s help in finding her, according to investigators.
The following day, Caliyah’s body was found in a drawstring Nike bag in a wooded area not far from the family’s home.
McNabb was the first to be arrested and charged in Caliyah’s death. Months later, Bell was arrested and charged with second-degree murder.
Following a joint trial, both Bell and McNabb were convicted in the death of Caliyah. The newborn died from blunt force trauma to the head. She had multiple skull fractures and her teeth poked through her gums, a GBI investigator testified at the trial.
McNabb, convicted of eight charges including felony murder, was sentenced to life in prison without parole. Bell was sentenced to 30 years with 15 to serve for her convictions for second-degree murder, cruelty to children contributing to the deprivation of a minor.
During their May 2019 trial, both McNabb and Bell denied killing the baby.
“I’m innocent. I didn’t do it,” McNabb told Judge John Ott before his sentencing. “If you ever find out who did it, they deserve to be under the jail.”
Months later, both Bell and McNabb asked the court for new trials. Those initial requests were denied. McNabb’s appeal is now pending with the state Supreme Court. His is an inmate at Hays State Prison, according to the Georgia Department of Corrections.
In an emailed statement, Bell’s attorney said she is pleased with the ruling.
“Ms. Bell is happy that the Court of Appeals found what she had argued all along, that she did not kill her child and played no part in McNabb’s killing her child,” attorney Eric Crawford said.
Crawford said the appeals court noted that former DA Layla Zon, who prosecuted the case, said in her closing arguments that Bell was not involved in the baby’s death.
“With all of the negative public sentiment around Ms. Bell, mainly because her case was highly publicized and her trial streamed live over the internet, the Court of Appeals opinion was both courageous and correctly decided,” Crawford said. “We look forward to getting back into court for the resentencing.”
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