A former daycare owner convicted of killing a 6-year-old girl had her hopes for a second chance at freedom dashed last week when the court ruled she cannot question whether the doctor who performed the autopsy was high on drugs at the time.The defendant, Sherry Mathis, 45, had asked the court for her attorneys to conduct a formal deposition of former State Pathologist Dr. Bruce Levy to determine if drug abuse could have affected his judgment and testimony in the murder case of Cheyenne Delp.The request, however, was denied by Circuit Court Judge Bart Stanley who found there was not enough evidence to grant such a post-conviction request. The court said Mathis could appeal the decision to the court of criminal appeals.Dr. Levy had been convicted in Mississippi on drug charges years following the trial here making the defense suspect Levy could have been on drugs when he conducted the autopsy and testified concerning the death of Delp.Delp died under mysterious circumstances at the Mathis home in the summer of 2004. Mathis had custody of Delp and her two brothers at the time.
Judge denies Mathis chance to question pathologist