Murder trial scheduled for fifth time
A trial date has again been set in the case of a former daycare owner accused of killing a 6-year-old girl in her care, marking the fifth separate trial date the case has been given since charges were filed in late 2004.
The trial for Sherri Mathis, 40, is now set for Feb. 19, 2008. Her most recent trial date ‘ last week ‘ was delayed after additional indictments were returned against her two months ago, not only charging her with the murder of Cheyenne Delp, but also with the physical abuse of Delp’s two brothers, who were also in her care in 2004.
The Mathis murder trial now holds the distinction of being the most delayed murder case since the 31st Judicial District was formed in 1989. If Mathis goes to trial at what is now her scheduled date, it will be three and a half years since the time she was charged.
Specifically, Mathis is charged with strangling the 6-year-old in their King’s Point home in the summer of 2004. Prosecutors say there was a pattern of abuse concerning not only Delp, but her two brothers, who they claim were also choked by Mathis.
The defense maintains Delp had medical problems and may have died from the toxic combination of medicines in her system. Defense attorneys claim Mathis tried to save the girl’s life when she suffered the fatal medical attack and that there were no signs of strangulation.
The trial rescheduling is the most recent in a number of delays which have plagued the case for an assortment of reasons since it was first set for trial in September 2005. The case was continued from its original date until February 2006 due to a debate over the medical records of Delp’s two brothers. The debate lingered, forcing yet another continuance until June 2006, which was the middle of election season.
The case was continued until its July 2007 date when District Attorney Lisa Zavogiannis recused herself because she had represented Delp’s brothers in a past civil case. Nashville prosecutor Tory Johnson is now prosecuting the case.
Pre-trial motions are set to be heard Sept. 6. At present, the motions do not include another motion for continuance.