Alexander v. State

When Diamond Alexander was born, she was placed into the custody of Child Protective Services (CPS), and later with a foster family, where she remained until she was two years old. On March 31, 2004, Diamond was placed back with her biological mother, Kimberly Alexander. On June 5, 2004, at approximately 4:00 p.m., police and EMS received a call that a child was in cardiac arrest. When EMS arrived at the apartment, they found two-year old Diamond lying on the living room floor, unresponsive. Diamond had no pulse or respiration, and her EKG was a "flat line." Her mother, Kimberly Alexander, was present along with a friend, Elizabeth Youngblood, who was also living in the apartment. When questioned at the scene about Diamonds medical history and what happened to her, Alexander made no response and her demeanor was detached and unemotional; Alexander later told police that Diamond had fallen off her training potty. Diamond was airlifted to a hospital where she was diagnosed as being in complete cardiopulmonary arrest; she was removed from life support and pronounced dead the next day. Diamonds body exhibited extensive bruising on her forehead, chest, back, both arms and both legs, along with hemorrhaging around her optic nerves, and a closed head injury, with swelling and bleeding in the brain. Her liver also had a significant laceration, which was a potentially fatal injury. The medical examiner who performed the autopsy concluded that all the injuries were the result of blunt force trauma occurring within the same time period, and that at least three different instruments were used to inflict a minimum of 26 blows. Diamonds cause of death was determined to be blunt trauma to the head and thorax. Alexander was indicted for capital murder. After a jury trial, Alexander was convicted of capital murder, and sentenced to life in prison. This appeal followed.