Prosecutor Drops Neglect Resulting In Death Charges
The Ohio County Prosecutor dropped child neglect resulting in death charges against Cindy Cole on Friday at a special hearing before Ohio County Judge James Mazzone.
In a five-minute proceeding, Assistant Ohio County Prosecutor Jenna Perkins said the state is dropping the charges, but holds a right to bring new charges after more investigation into the case.
“The state has concluded it would be consistent with the interest of justice to dismiss the charges pending more investigation,” she said.
Neither Perkins, nor defense attorney Steven Herndon, elaborated on the basis for the dismissal.
Cole’s trial was scheduled to begin Monday.
She and her husband, Edward Cole, were charged in the March 3, 2012 death of 3-year-old Patience Cole, who allegedly died after ingesting her father’s anti-depressant pills at the family home on Wheeling Island.
On April 21, Edward Cole’s trial ended after a mixup over medical records and a deadlocked jury forced Mazzone to declare a mistrial.
The mistrial was declared on the basis that attorneys failed to redact certain information from medical records before providing them to jury members, who read the information which was to have been removed.
During that trial, Cindy Cole invoked her Fifth Amendment rights when called to testify.