Woman Convicted Of Sex With 5-Year-Old Gets New Trial
POSTED: Monday, November 26, 2007
UPDATED: 9:26 am EST November 26, 2007
ORLANDO, Fla. -- A Central Florida woman convicted of having sex with a 5-year-old is getting a new trial.
A jury convicted Kelly Lumadue of capital sexual battery in June.
The crime carries a sentence of life without parole.
The victim, who is now in his teens, said he has no memory of the crime and a judge said that fact should be brought up during a new trial.
Lumadue's attorney also argued that the woman was abused and was forced by her husband to have sex with the child.
The attorney said part of the abuse included making the videotapes that helped convict Lumadue.
It is not known when the case will head back to court.
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