Georgia Supreme Court overturns rest of Newton County mother’s conviction in 2-week-old’s death

Bell appealed her conviction and the Georgia Court of Appeals reversed the murder and cruelty to children charges last year. On Tuesday, the Georgia Supreme Court reversed her final charge.

“Because we conclude based on the facts of this case that the evidence was insufficient to authorize a jury to conclude that Caliyah’s death was not proximately caused by Bell’s conduct as alleged in the indictment, we reverse the judgement of the Court of Appeals,” Justice John J. Ellington wrote in the unanimous opinion.

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During the trial, prosecutors said McNabb and Bell were using methamphetamine and in a violent relationship when they killed their daughter.

Based on evidence of her alleged drug history, the Georgia Court of Appeals upheld Bell’s conviction on the contributing to the dependency of a minor charge. However, the Georgia Supreme Court determined in its ruling that the evidence was insufficient.

“In summary, the evidence here showed that Bell went to sleep one night, checked on Caliyah early the next morning, and went back to sleep for four and one-half hours. The evidence further showed that while Bell slept, McNabb committed a violent crime that the State conceded was the direct and immediate cause of Caliyah’s death,” Ellington wrote.

The Georgia Supreme Court previously upheld McNabb’s murder conviction. McNabb was sentenced to life in prison without parole for the murder and an additional 10 years for concealing the newborn’s death.

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