The South Dakota Supreme Court has ruled a Wagner woman accused of killing her daughter cannot use expert testimony suggesting another child was responsible for the death.
Amanda Hernandez was arrested in 2019 and charged with second-degree murder after her 3-year-old daughter was found fatally beaten.
Hernandez and her daughter were staying in another's family home at the time. A 10-year-old boy was also in the home during the incident.
Hernandez’ attorney argued the boy had a history of violence. The attorney wanted to have a clinical psychologist testify that the boy could have killed the girl.
State prosecutors appealed a circuit court decision to allow the expert to testify to the South Dakota Supreme Court.
The state’s high court unanimously ruled this week the testimony was inadmissible because it presumes that a person’s actions are based on an alleged trait or history.
Hernandez’ trial will now proceed in Charles Mix County court.
