DALLAS (WBAP/KLIF News) — An appeal could soon be coming for the trial of a Richardson father behind bars for injuring his adoptive daughter, which ultimately led to her death.
Wesley Mathews is currently serving a life sentence after pleading guilty in June, but his attorney said they are exploring all options in terms of an appeal.
One of those options is filing a motion for a retrial, on the grounds that a photo of Sherin Mathews’ decomposed body shown to the jury was unfair.
“When you’re dealing with a three-year old deceased girl, it’s very difficult,” Mathews’ attorney Rafael de la Garza said after the trial.
Jason Fine was the lead prosecutor in the trial, which only consisted of a punishment phase after Mathews’ guilty plea, and said it was not an easy decision to show the photo.
“I am sorry that I had to show that to the jury,” Fine said after the trial. “But like I said, that’s on Mr. Mathews.”
Defense attorney David Finn, who is not connected to the case, told our media partners at WFAA-TV asking for a retrial will be an uphill battle.
“In this case, it’s horrific, toxic,prejudicial, powerful — which is why the state used it,” Finn said. “One photograph like this is not ground for a reversal, in my opinion.”
