DALLAS - The man sentenced to life in prison in connection to his adopted daughter's death wants a retrial.
Wesley Mathews and his attorneys were in court again Monday morning claiming he did not get a fair trial when jurors were shown pictures of his daughter’s remains.
Prosecutors say the judge allowed them to use 35 specific photos in the punishment trial, but Mathews' attorney believes the autopsy picture went too far.
“Seeing that photograph did not add anything of value to the trial other to than to inflame them,” said defense attorney Rafael De La Garza.
Prosecutors disagreed with the defense’s characterization.
“We would expect emotion to be shown by the jury. They're human beings. Just because there are tears shed doesn’t mean you get a new trial,” said prosecutor Jason Fine.
Mathews pleaded guilty to a reduced charge of injury to a child by omission and was given a life sentence in June for his daughter Sherin's 2017 death. He maintains that the 3-year-old died after choking on her milk. He admitted to dumping her body in a culvert near their home and then reported her missing the next day.
Richardson police searched for the little girl for several weeks before finding her body. It was so badly decomposed the medical examiner could not determine her cause of death.
The judge on Monday heard the motion by the defense and also heard from the state. She said she will make a decision on Sept. 5.