The child abuse case against a local daycare worker will proceed to the Wayne County Grand Jury, following a preliminary hearing held in Wayne District Court on Monday, May 13.
Diana Myers has been charged with first degree criminal abuse
following an alleged incident that occurred at Wendy's Wonderland in
Monticello. Myers and a second daycare worker, Tasha Cox, who is
charged with failure to report child abuse after allegedly recording
the incident which was posted on Facebook, appeared in Wayne District
Court on Monday morning.
Both women entered not guilty pleas during the arraignment. Then
George Bertram, who represents both the women, presented a motion
requesting and expedited preliminary hearing for Myers. During an
interview with The Outlook earlier this month, Bertram stated that
Myers had received death threats and the daycare had been a target of
Officials allege that the 19 second video recorded at the daycare on
Friday, April 19 shows Myers had a two-year old backed under a table
and was shaking a doll at the child.
During the interview with the newspaper, Bertram contends that is
not what happened at the daycare that day.
"If you pull up the video and watch it closely and listen closely,
two or three things become very obvious," Bertram stated. "First of
all, the child is not acting negatively to the doll, the child is not
scared of the doll at all and the women is singing to the child."
Joseph Hoover, a private investigator in the case, was a key witness
in the preliminary hearing last week. He interviewed numerous
witnesses, including other workers at the daycare, parents and
grandparents. According to his statements, several told him that the
child had played with the doll on many occasions.
In his motion, Bertram stated that there was no legal or factual
basis for prosecution. He also stated that the video was reviewed by
the Cabinet for Health and Family Services and they declined to
authorize any further investigation in the case.
Following the hearing last week, District Judge James Lawson found
probable cause and bound the case over the grand jury. The Wayne
County Grand Jury will meet again in Monday, May 20.
A preliminary hearing for Cox has been set for June 24 in Wayne District Court.