A judge has denied a motion to dismiss the 2001 indictment against Rene Bailey — the Greece woman accused of fatally shaking a toddler at her home daycare.
The defense had hoped to force prosecutors to present the evidence to a new grand jury. Bailey’s attorney had no comment after court, but Prosecutor Sara VanStrydonck says she’ll definitely try Bailey again on the original indictment.
Bailey’s second-degree murder conviction was thrown out in 2014, when a judge ruled new scientific evidence showed 2-year-old Brittney Sheets could have been fatally injured by a fall.
That ruling was upheld on appeal.
Bailey’s retrial is set for September 5th.