New trial nixed in baby-swinging case

March 4, 2008 5:44:19 AM PST
An Erie County judge says a woman imprisoned for swinging her infant son like a weapon during an argument with her boyfriend doesn't deserve a new trial.

The new attorney for 28-year-old Chytoria Graham asked for a new trial saying two public defenders who used to represent Graham were ineffective.

The public defenders say they did the best they could to defend Graham. But they say that was difficult because Graham confessed to police that she swung her 4-week-old son like a baseball bat and hit her boyfriend with the baby. The baby has recovered from a fractured skull suffered during the fight in October 2006.

Graham is serving five to 10 years in prison on aggravated assault and other charges.