LAWRENCEVILLE - The defense attorney for a 22-year-old Sugar Hill woman charged with killing her infant daughter this month believes his client is fit for bond.
Attorney David Fife filed a motion Thursday in Gwinnett Superior Court asking a judge to consider setting a bond amount for Erica LaShae Graham, currently in the Gwinnett County Jail on murder and cruelty to children charges.
Fife insists his client "has ties to the community and has a place to stay while out on bond" and is not a flight risk, according to court documents.
A Gwinnett Magistrate Court judge found probable cause earlier this week to bind the case to Superior Court but had no jurisdiction to decide bond on the capital offense, documents show.
Fife said a bond hearing could "take a few weeks" before it finds a slot on a trail calendar.
Graham called 911 the evening of Jan. 6 to report she'd found the child lifeless in a playpen at her Level Creek Road home. Police arrested her a week later when an autopsy revealed the child had died of head trauma, possibly resulting in brain injuries.
The alleged victim, Aubrey Graham, was 3 months old.
Police won't say how the trauma was inflicted or what precipitated the alleged incident.
Graham stated she put the child in a playpen around 7 p.m., then found her cold and not breathing two hours later. She ran to a woman's home next door and called 911, and the two women tried CPR in vain on the child until paramedics arrived, according to a police report.
Graham told police the child had been in the custody of her father, Mitchell Sigler, earlier that day. He lives elsewhere in Gwinnett with friends, according to a police report.
Fife contends the state's case against Graham doesn't prove she harmed the child, as both parents took care of her that day. The evidence "doesn't establish who did the injury," Fife said.