WHEELING, W.Va. (AP) — Ohio County prosecutors have asked a judge to schedule a retrial for a Wheeling man accused of neglect in the death of his 3-year-old daughter.
Circuit Judge James Mazzone declared a mistrial in Edward Cole's case April 11 after learning that attorneys didn't redact certain information from medical records before providing them to the jury. The jury also was deadlocked.
Cole is charged with child neglect resulting in death.
The Intelligencer and Wheeling News-Register (http://bit.ly/1lyz03X) reports that assistant prosecutor Jenna Perkins told Mazzone in a memorandum that the prosecutor's office plans to retry Cole. She asked the judge to schedule the new trial after Cole's wife, Cindy Cole, is tried on similar charges.
The couple's daughter, Patience Cole, died on March 3, 2012, after ingesting her father's anti-depressant pills.
Information from: The Intelligencer, http://www.theintelligencer.net