Both women received life sentences for abuse that lead to the children’s deaths in 1997.

On May 16, the N.C. Court of Appeals found no error in Krider’s Rowan County trial, which found her guilty of felony child abuse and first-degree murder.

Krider’s 2-year-old son, DeMallon Krider, died June 15, 1997, from head trauma, according to the appeals’ report.

In the appeal, Krider contends there was “insufficient evidence” for the jury to find she “intentionally injured DeMallon or used her hands as deadly weapons.”

In order to secure a first-degree murder conviction, District Attorney Bill Kenerly had to prove Krider’s hands served as deadly weapons.

The Appeals Court disputed Krider’s argument and cited several cases in which size and weight differences infer that someone’s hands can be deadly weapons.

“The size of both the actor and his victim are important factors in the determination of whether or not hands are deadly weapons,” the ruling indicated.

“… It is uncontroverted that defendant was an adult, and presumably was much larger in stature than DeMallon, who was thirty-six inches tall and only weighed twenty-six pounds at the time of his death. Furthermore, defendant described the child as sickly.”

Krider also appealed the case on the basis that she was denied the assistance of experts in pathology and dentistry for her defense.

The Appeals Court also denied that motion on the basis that Krider “failed to establish a need” for the experts.

“… The motion merely reflects the defendant’s wish that a pathologist might assist in developing evidence to erode the State’s case,” the Appeals Court ruled.

Krider requested expert testimony on her behalf because “bruises may have been a rash, but this assertion was refuted by other evidence, including the defendant’s confession,” the ruling indicated.

Therefore, the Appeals Court upheld the conviction and Krider, 30, will continue to serve her life sentence.

On August 5, 1998, a Rowan County jury convicted Robin Gosnell, also known as Elizabeth Magdelene Clark, for the first-degree murder of her 6-year-old stepson, Budde Lee Clark.

Gosnell’s son, Sammy Bringle, found Budde lying on his side in the bathtub in approximately 8 inches of water on Jan. 31, 1997, according to the appeal.

Testimony showed that Budde Clark died from blunt force injury to his head. The medical examiner identified 13 discrete injures to the head and testified that there were numerous injuries to his head, back, chest, arms and legs.

Gosnell appealed her conviction on the basis that the state failed to correct the medical examiner’s testimony when it did not correlate with her written autopsy report.

The autopsy report stated “no evidence of uncal, cingulate or tonsillar herniation.” Gosnell claims the medical examiner’s testimony described Budde’s cause of death as “tonsillar herniation,” though the medical examiner never used the term in her testimony, according to the appeals ruling.

The Appeals Court ruled that it is the state’s responsibility to correct any false testimony that could affect the jurors but if the evidence “is inconsistent or contradictory rather than a knowing falsehood … (that is) for the jury to consider and resolve,” the Appeals Court ruled.

Gosnell also appealed on the basis that the Rowan court failed to question a juror about possible contact with a member of the victim’s family.

After Pam Bradshaw, Budde Clark’s real mother, testified, a juror realized he went to church with Bradshaw’s uncle.

The juror informed the court and the presiding judge said it did not affect the trial. Previously, during jury selection the same juror told the court he went to high school with Pam Bradshaw.

The Appeals Court determined that it is the trial court’s place to decide if a juror is unable to be impartial in a trial.

“ … under the circumstances of this case, the trial court did not abuse its discretion in failing to inquire further… we note that the defendant did not object to the trial court’s ruling or its failure to inquire further into the matter,” according to the Appeals Court ruling.

Gosnell also said photographs of Budde Clark that were used during the trial were “not accurate representations of the victim at the time of his death, were duplicative in nature and were projected onto a screen ‘many times life size.’ ”

The Appeals Court dismissed this motion because the medical examiner testified the photographs and slides used were accurate portrayals of the victim’s body at the time of the autopsy, the morning after he died.

“Our review of the photographs and slides confirms that the trial court did not err in admitting them into evidence,” the Appeals Court ruled.

Gosnell also argued that testimony about her character or previous behavior towards Budde was improperly admitted.

But the Appeals Court found that character evidence may be admissible for the purpose of showing motive, opportunity, intent, preparation, plan, knowledge, etc.

“In sum, defendant received a fair trial free from prejudicial error,” the court ruled.