MARIETTA, Ga. -
A Cobb County mother has asked the Georgia Court of Appeals to throw out her conviction.
A year ago, Raquel Nelson was convicted of second-degree vehicular homicide after a hit-and-run driver struck and killed her 4-year-old son, A.J., as they walked across Austell Road in Marietta.
A judge sentenced her to a year's probation. However, the judge also made a rare offer of a new trial, which she accepted.
Nelson and her attorney, Steve Sadow, say she should not have been convicted of the crime.
"The waiting was very hard but hopefully we'll come to an end," said the defendant Raquel Nelson. "I hope that the court takes into consideration what the lawyer said, Mr. Sadow, and understand that there was no intent and find it doesn't need to go back to trial so that we can heal."
"It was not necessary. It served no valid legal or judicial principle and I've asked the prosecution since my entry in to the case to reconsider and simply dismiss and drop this case," said Nelson's attorney Steve Sadow.
Nelson's attorney contends that the crash was solely the fault of the driver, Jerry Guy, who pled guilty and spent six months in jail.
Prosecutors did not make any counter arguments to the three judge panel and declined to comment on the case.
Nelson and Sadow say despite not being sentenced to jail time she simply wants to clear her name and get on with her life.
"She didn't do anything criminally wrong. She can't simply accept the fact that there is a lack of serious punishment. It doesn't change what's in her head. She has to live with this for the rest of her life. It's critical for there to be a determination that she is not criminally responsible for the death of her child," Sadow said.
Nelson was previously sentenced to community service and probation.
There will be a new trial if the court of appeals rules that the evidence was sufficient at the first trial. It's unknown when the court of appeals will rule on Nelson's case. If the appeal is denied, Nelson could face another trial on the same charges.
