Mistrail declaired in Rilya Wilson case

Published On: Jan 25 2013 05:25:09 PM EST
Updated On: Jan 25 2013 09:52:37 PM EST
Geralyn Graham after verdict readjpg
MIAMI -

Jurors reached a verdict Friday in the trial of Geralyn Graham, the woman accused of abusing and killing 4-year-old foster child Rilya Wilson more than a decade ago.

WPLG-TV reported a mistrial was declared on the murder charge against Graham after jurors said they were unable to resolve their 11-1 split on that murder count.

Graham, however, was found guilty of kidnapping and aggravated child abuse. Sentencing was scheduled for February.

Jurors went behind closed doors Thursday after receiving instructions from Circuit Judge Marisa Tinkler Mendez. Graham, 67, faced life in prison if convicted of first-degree murder. In addition, the jury could have opted for a less severe manslaughter charge rather than murder.

DOCUMENT:  Geralyn Graham verdict form

Rilya Wilson The trial

Prosecutors said Graham, who was Rilya's caretaker, smothered the girl with a pillow in December 2000 and disposed of her body, which has never been found. Key to the case is a purported jailhouse confession by Graham to career criminal Robin Lunceford, who said Graham told her she did it because Rilya was evil and demonic.

Before that, trial testimony showed Rilya was kept in a dog cage, tied to her bed with plastic restraints and forced for long periods to stay in a small laundry room as punishment for disobedience.

"She was being brutalized. She was being punished to the extreme," Assistant State Attorney Michael Matters said in closing arguments.

Rilya's disappearance went unnoticed by state officials for 15 months, triggering high-level resignations at the Department of Children and Families and leading to passage of several reform laws, such as better tracking of foster children. A caseworker who failed to check up on Rilya in person during all those months eventually pleaded guilty to official misconduct charges for falsifying time sheets.

Graham's defense raised the possibility Rilya might have been sold and could still be alive. They questioned the credibility of Lunceford — whose life sentence was cut to 10 years in exchange for her testimony — and the fact that no physical evidence exists showing a crime was committed.

"There's no evidence of it because my client never committed murder," said defense attorney Michael Matters.

Two other prison inmates also testified that Graham implicated herself in Rilya's killing. Friends and acquaintances said Graham told various stories about the girl's disappearance, such as trips to Disney World and New York, and she told investigators the girl had been taken for mental tests by a state caseworker and never returned.

Authorities found no evidence to back up those explanations.

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