NM supreme court to hear daycare worker appeal

SANTA FE — The New Mexico Supreme Court will hear an appeal involving two former Portales daycare owners now in prison for the death of a child who was under their care.

Oral arguments begin at 9 a.m. today in a petition on behalf of Mary and Sandi Taylor, who were convicted last year and sentenced to 36 and 30 years, respectively, on charges of reckless child abuse.

The charges were in connection to the death of 22-month-old Maliyah Jones and injuries to then 2-year-old Aubri Loya. Prosecutors believe the two girls were left in a hot car for approximately two hours and 40 minutes while under the care of the Taylor Tots daycare business on July 25, 2017.

A filing on behalf of the Taylors seeks a reversal or a new trial that included the following contentions:

• The state did not produce any evidence that either Sandi or Mary Taylor intended to leave the children in the vehicle, and that upon discovering the children called 911 and did everything they could to save the children.

• Following their conviction, the Taylors were not granted a pre-sentencing release, despite no other criminal record, no evidence they would be flight risks and 18 months of following strict court orders.

• The state did not meet the burden of proving the Taylors engaged in reckless disregard as required under state law, but the district court repeatedly allowed the state to misstate the definition of reckless disregard.

• The district court refused to allow testimony from a detective who called the matter a “tragic accident” based on his investigation.

• The district court approved jury instructions that left no way to determine if the jury reached a unanimous decision on the Taylors’ conduct, and denied defense counsel request to include definitions of “reckless disregard” and “accidental conduct.”

• Defense counsel was prohibited from stating accidents are not crimes under New Mexico law.

“The state’s stipulation that Sandi Taylor and Mary Taylor did not intend to leave the children in the vehicle,” a filing said, “coupled with the undisputed evidence that Sandi Taylor and Mary Taylor were not aware the children had been left in the vehicle and that each thought the other removed the children, make the committing of child abuse by reckless disregard a legal impossibility. People cannot recklessly disregard an event or situation in which they are unaware. Sandi Taylor’s and Mary Taylor’s conduct were accidental and/or negligent, but far from criminal.”

The state response noted prior case law that noted a “rational jury” can conclude a defendant acted recklessly when leaving a child in a hot car for hours, and that other actions by the Taylors constituted recklessness, including a failure to do head counts, driving their daycare children around without CYFD permission and not maintaining a consistent caregiver-to-child ratio.