|By Cy Ryan, Las Vegas Sun|
|McClatchy-Tribune Information Services|
The court said
The court said the error merited a new trial for Coleman, who was sentenced to 20 years to life in prison.
Coleman was a boyfriend of
Coleman told police he bathed the boy and put him to bed on
He died in the hospital.
At trial, Coleman wanted to call two women who were Gaynor's cellmates.
The court, in a decision written by Justice
Cherry said such evidence may have shown Coleman was not responsible for the burns that contributed to the child's death.
The 23-page decision said the boy "was extremely small and malnourished, weighting only five and one half pounds," which was less than his weight at birth. "His brain was small and swollen and some brain tissue was dead," said the court.
The boy was not taken to a doctor because the mother did not have health insurance, said the court.
Gaynor, according to one of the cellmates, said she did not believe Coleman killed the child and at one point was heard to say she believed her brother, a drug addict, was responsible for the boy's death.
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