The Intelligencer newspaper reports that Assistant Prosecutor Rhonda Wade says the letters on the girl's neck weren't from a cigarette. She said at a hearing Monday that they were friction burns, perhaps from a hot pencil eraser. She did not say why it took nearly two years to retract the cigarette theory.
Tammy Smith wept as Marshall County Circuit Judge David Hummel dismissed 10 counts each of felony child abuse and malicious assault.
Hummel ruled that Smith's right to a speedy trial was violated.
Smith was indicted in March 2009. Her lawyer says she has spent more than 500 days in jail or on home confinement.
Information from: The Intelligencer