Georgia Mother’s Murder Conviction and Life Sentence Vacated in 2014 Death of Two-Year-Old Son

“HE HELD HIS BREATH AND PASSED OUT”!!! BELIEVE IT OR NOT, AUTHORITIES SAY MARY KATHERINE SMITH AND HER BOYFRIEND WAITED ABOUT THREE HOURS TO CALL FOR MEDICAL HELP BEFORE HER TWO-YEAR-OLD SON DIED… AND A JUDGE HAS NOW VACATED HER MURDER CONVICTION AND LIFE SENTENCE.

A Richmond County judge has vacated the murder conviction and life sentence of Mary Katherine Smith.

Smith was found guilty in the 2014 death of her two-year-old son, Mason.

The order was filed Wednesday.

It granted Smith’s extraordinary motion for a new trial.

The ruling formally vacated both her felony murder conviction and her life sentence.

The order undoes nearly a decade behind bars.

Smith was indicted in 2014 after authorities said Mason died while in her care.

She told investigators that she had placed him in his room for discipline.

She told them that he held his breath.

She told them he passed out and struck his head.

But investigators reported a delay in seeking medical care.

Investigators said Smith and her boyfriend waited about three hours before calling for medical help.

Mason later died at the hospital.

Smith was initially charged with second-degree cruelty to children.

Then the case was upgraded to murder.

In August 2016, a jury convicted Smith.

She was sentenced to life in prison.

The court added an additional 40 years to the sentence.

The sentence carried the possibility of parole.

She remained incarcerated for nearly ten years.

Both prosecutors and the defense agreed the conviction should be vacated.

Yet the new court order does not explain in detail why the two sides agreed.

The order also does not explain what will happen next.

As of Wednesday, Smith remained in Georgia Department of Corrections custody.

The murder conviction is undone.

The life sentence is undone.

A judge has granted her a new trial.

The charges are allegations and have not been proven in court.