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Mother Of Baby Killed In Daycare Seeks Justice

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Aug 11, 2008 6:49 pm US/Eastern

Mother Of Baby Killed In Daycare Seeks Justice

PITTSBURGH (KDKA) ― The mother of a baby who was killed at a daycare center in Garfield is seeking justice.

No charges have been filed in the death of 10-month-old Marcia Poston.

Pittsburgh Police say a 7-year-old girl killed Poston at Bray's Family Day Care on Dearborn Street while the 20-year-old caretaker was out of the room in June.

Poston's mother, Rhonda Moore, pleaded her case on the sidewalk outside family court to coincide with a hearing being held for the 7-year-old.

The Allegheny County District Attorney's office said the evidence does not support criminal negligence in her child's death.

Moore, along with her friends and family, carried graphic pictures taken at Children's Hospital of her daughter's injuries.

"They're saying no charges filed but this is their responsibility," she said. "Somebody should have been charged."

Investigators say the caretaker left four children unsupervised in the finished basement with her 7-year-old niece for 25 minutes while she changed her child's diaper on the third floor.

Police say that's when the 7-year-old battered Marcia. Her skull was shattered and bruised.  She had facial abrasions and a broken arm.

Marijuana was found in the caretaker's bedroom.

"They didn't test her at that time. We cannot test now," District Attorney Stephen Zappala said.

Zappala does not dispute that the caregiver was not drug tested or charged with possessing illegal drugs, but his team found no evidence that the caregiver knowingly or willfully left the children alone believing they would come to harm.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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