Prosecution spells out murder case – New court documents reveal both sides of Sherri Mathis case

Was 6-year-old Cheyenne Delp strangled to death by the woman who took her into her home, or was she being systematically poisoned by the same drugs prescribed to help her?

In court documents which just became available, the state’s case against accused murderess Sherri Mathis is spelled out in great detail. Also in the court documents are defense arguments which have not previously been released.

The case revolves entirely around cause of death.

According to paperwork, the defense intends to submit doctors who will testify there was no evidence of strangulation as suggested by prosecutors, but instead the girl basically overdosed on prescription psychiatric drugs.

Meanwhile, prosecutors say the overdose theory will serve their ends just as well as they maintain that as caretaker, Mathis was responsible for administering the drugs to the child, the fatal outcome still allegedly making her death a homicide.

Mathis faces nine criminal counts for the mysterious 2004 death of Delp, who was in her care. The girl was found lifeless by first-responders after they were summoned to the Mathis home where the defendant says the child suffered a fatal medical attack.

Mathis says she tried to save the girl’s life while prosecutors, backed by forensic pathologist findings, maintain it was her abuse which killed the child.

In spelling out the state’s case, special prosecutor Brian Holmgren alleges that even if Mathis did not strangle the girl to death, she would still be responsible for any overdose of drugs. In addition to the murder charges, Mathis has recently been indicted on charges of child abuse and neglect.

Prosecutors maintain Mathis hit the girl with objects such as a belt and that she failed to provide adequate nourishment. Holmgren claims there were several DCS referrals for mistreatment of the child before her death. In addition to the girl, Holmgren alleges Mathis abused the girl’s two brothers, also in her care, by choking them.

However, in direct contrast to the state’s claim of abuse, pediatric Dr. Clifford Seyler says his review of the records indicates no history of abuse.

‘There is no evidence of prolonged recurrence of abuse,’ Seyler said. ‘It is my opinion that the child was not battered, nor did she die of strangulation.’

Seyler is joined by other physicians, expected to testify for the defense, who pointed out there were no neck injuries nor signs in the eyes which are hallmarks of strangulation.

Instead, the doctors pointed toward the many psychiatric drugs in Delp’s system.

‘It is my opinion Cheyenne Delp died as a result of the toxicity of her prescribed medication,’ Seyler concluded.

Forensic pathology consultant Dr. Sanford Edberg agreed, pointing out medical records reveal the girl was taking a number of medications.

‘The child suffered from severe psychiatric disorders and was diagnosed at various times with attention deficit disorder, reactive attachment disorder, bipolar disorder, and possibly schizophrenia, as well as insomnia,’ Dr. Edberg said.

Dr. Edberg went on to say lab reports revealed Delp’s blood contained toxic levels of Desipramine, as well as near-toxic levels of Diphenhydramine.

‘I think there are reasonable grounds to call the death of this child accidental due to toxic to near-fatal levels of Desipramine combined with near-toxic levels of Diphenhydramine in her blood,’ Edberg concluded.

The clash between those experts and state medical examiner Dr. Bruce Levy will happen when the case actually goes to trial after nearly three years in delays which has brought criticism as to why the case has taken so long.

Some of the delays were caused by legal wrangling over the medical records of Delp’s brothers, while others were caused due to District Attorney General Lisa Zavogiannis having to recuse herself because she had represented Delp’s brothers in a civil matter, necessitating a special prosecutor.

The new indictments charging child abuse and neglect has caused yet another delay, although docket setting will be held this week and a trial date likely set at that time.