Mother speaks after daughter's conviction is overturned - WFXG FOX54 Augusta - Your News One Hour Earlier

Mother speaks after daughter's conviction is overturned

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BEAUFORT, SC (WTOC) -

The mother of a woman who's homicide conviction was overturned by the South Carolina Supreme Court Wednesday, said the ruling was a blessing that came on time.

Paris Avery was sentenced to 35 years in prison back in 2008 for homicide by child abuse, for the death of her 15 month old son, Ra'Saan Avery Young.

Toxicology reports showed that Young died from an overdose of medication he was taking for eczema. Avery admitted to giving her son the medication, but said she followed the instructions.

A Beaufort Jury didn't believe her and convicted her, However, The supreme court ruled that  prosecutors failed to show that Avery acted with extreme indifference in the death of her son.

Showing extreme indifference to human life is required to convict on homicide by child abuse.

Avery's Mother, Patricia Avery, said, Sunday, that she always knew her daughter was innocent, and even though it hurt seeing her behind bars, she knew "God would get her out."

"My daughter is, and always has been an excellent mother," said Patricia Avery. "She's been very responsible. She's never been anything that they tried to portray her during the trial. That's not my daughter. We knew that God would see us through, we just didn't know when."

Patricia has talked to Paris Nearly 20 times since the Supreme Court's ruling. She said, Paris is happy with the news, but she now has to deal with mourning her son all over again.

According to Paris's lawyer, Elizabeth Franklin- Best, the state has seven days to decide if they're going to appeal the ruling. Sometime after that, Paris will be released from jail.

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