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Ogden • It has been nearly two years since 8-month-old Lincoln Penland suffered fatal injuries allegedly at the hands of a day-care operator, and his parents told an Ogden judge Wednesday they aren't any closer to having closure.
Christopher and Alesha Penland pleaded with the judge to not delay a trial scheduled next month for the Roy day-care operator accused of killing the child. The couple said they are stressed and frustrated that the case against 35-year-old Tisha Lynn Morley — who is charged with first-degree felony child abuse homicide — continues to drag on nearly two years after Lincoln's February 2014 death.
"This isn't about Tisha," Christopher Penland told 2nd District Judge Scott Hadley. "This isn't about, 'We want justice.' Our family wants to move on. Our family wants to get past this, to heal from this."
Morley's attorney, Logan Bushell, filed a motion last week asking that the eight-day trial, scheduled to begin Jan. 20, be continued because they were not ready to go forward with trial. He said it became apparent only a week ago that they would need another expert to testify for the defense.
"This case could not be sadder," Bushell said Wednesday. "Really, we understand the need for closure for [Lincoln's] family … But to go forward with the trial as scheduled would deprive Ms. Morley of her right to a fair trial."
Deputy Weber County Attorney Branden Miles argued against the continuance, telling the judge that the Penlands also had a right to a speedy trial.
But the judge ultimately agreed to continue the case, telling the Penlands that he believes any closure they would receive at a trial next month would only be temporary, because the case would likely come back to the district court on appeal.
"I have four children and I can't imagine in my own worst nightmare going through what you've already gone through," Hadley told the couple. "I would like to give you some closure. If I were not to continue it, it would be a temporary relief for you because you would come back. Because this trial would come back. I think you would be back and that would be even worse. It wouldn't accomplish one of the very goals you have."
Morley has been out on bail since her April 2014 arrest, and has since moved out of state. She did not appear in court on Wednesday, but participated via telephone. Hadley ordered that the woman be in the courtroom for any future court proceedings, including a Jan. 12 pretrial conference.
On Feb. 19, 2014, Lincoln's father went to pick up the baby, along with the child's 3-year-old brother, at Tots & Tykes Day Care. He found the baby cold and unresponsive.
The child, who was flown to Primary Children's Hospital in Salt Lake City, died on Feb. 28.
Lincoln suffered a skull fracture and trauma to the brain from shaking and impact-inflicted trauma, according to Roy police officials.
Police have said Morley continued to provide day care services after Lincoln's death and the suspension of her day care license.