The sentencing trial started Monday for a former Georgetown daycare operator who was indicted after a 5-month old child died while in her care.
This case has gone straight to the sentencing phase because Holly Lynn Harrison entered a no contest plea. The move is an attempt to avoid a prison sentence.
Lynn Harrison, walked into the Williamson County Justice Center wearing a blue dress declining to make a formal comment. She and her defense team reportedly want Judge Rick Kennon to give her deferred adjuration for the felony charges she is facing but Williamson County Da Shawn Dick has other plans.
"Really what we are going to do is spend the next week laying out evidence to the judge and explaining why we believe her sentence should be a prison sentence," said District Attorney Dick.
Harrison has plead no contest in connection to the death of 5 month old Brody Haven. He choked in her Georgetown daycare two years ago. Harrison's grand jury indictment cited several possible reasons for Brody's death they include; a failure to provide proper supervision, not having a safe sleep environment, which allowed his airway to become blocked and failing to remove a mitten or other foreign object from his mouth. Brody was teething at the time not providing CPR and not calling for help in a timely manner.
Harrison is formally charged with injury to a child and tampering with evidence. She potentially faces up to 30 years in prison.
"To us its about both, obviously its about the injury that was caused to Brody and then its about the cover up afterwards," said District Attorney Dick.
Investigators said Harrison waited more than 10 minutes to call for help. Before making that call its alleged she contacted her daughter, called an employee who wasn’t at work at the time, called parents to get their kids out the day care and at some point she allegedly deleted the phone records.
Testimony began with first responders who described how after reaching the daycare they tried to save Brody.
"We plan on calling on somewhere in the neighborhood of 18 witnesses total," said District Attorney Dick.
The most heart wrenching testimony came from Brody's father. David Haven told the judge about the day his son died. He said it began with a kiss and smile before heading to work and ended on a hospital room floor crying with his wife after they were told their child was gone.