VIRGINIA BEACH
A woman found to have 20 young children in her care when one died in 2005 went free Monday after a new sentencing hearing that was ordered by the Virginia Supreme Court.
Ann Marie Cardinal, 46, had served 3-1/2 years of a 10-year sentence when Circuit Judge H. Thomas Padrick Jr. announced he would cut her original sentence nearly in half, give her credit for time served and suspend the remainder.
The decision marked the latest twist in the case.
Cardinal had been the subject of numerous complaints to Child Protective Services, and she was convicted in 2000 on a misdemeanor charge related to putting young children in a closet.
In 2001, she and her husband, Michael Cardinal, were convicted of conspiracy to obtain money under false pretenses, a felony. She received a suspended prison term, and as a convicted felon was prohibited from being licensed to provide day care. Records show she continued to advertise as a legitimate day care provider up until 9-month-old Hannah Weiss died at Cardinal's home.
Hannah's mother, Trish Weiss, testified Monday that she thought Cardinal was licensed to run a day care facility after seeing a framed certificate hanging on the wall of Cardinal's home. Weiss said Cardinal also claimed to know CPR.
But Cardinal was not licensed, and when police responded Sept. 14, 2005, to her Highpoint Avenue home, they found her improperly performing CPR on the lifeless infant, according to court testimony.
A medical examiner found evidence that suggested the child might have been smothered, but ultimately ruled the death as "sudden unexpected infant death with no anatomic cause."
Cardinal was charged with 10 counts of operating a day care without a license. Prosecutors said there was insufficient evidence to support more serious charges against Cardinal.
Under state law, Cardinal would have served about five of the 10 years she was sentenced to serve in 2006. However, she was granted a new sentencing hearing after appealing because no court reporter was present to record the original hearing.
At Monday's hearing, the judge complained that the General Assembly had not crafted a statute that would address deceptive behavior such as Cardinal's. He also was frustrated to hear Child Protective Services would not release details of founded complaints against a day care to parents unless the provider grants permission.
"It's a huge tragedy all around, and at the same time, it's an alarm bell for parents seeking day care for their children," the judge said. "The state's not going to help them much."
Hannah's parents, Nick and Trish Weiss, wept as the judge imposed the sentence and said afterward they would continue to push state lawmakers to establish a child-abuser registry, as well as a database of model day care providers vetted and sanctioned by state officials.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com
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Ann Marie Cardinal
I really think people need to look deeper in this, Ann Marie is NOT to blame for the death of this baby. The parents need to be more responsbile and check out the people they leave their most prized possessions with, sorry, but I've never left my children with someone I DID NOT know very well. I understand the parents loss and the need to blame someone.. if the medial examiner couldnt find her at fault, then she wasnt at fault. Children die everyday for one reason or another... I've lost 3 neices in the last 3 years to unexplained deathes... doesnt mean someone killed them. If you take a look at Ann Marie's record, you will see that she is NOT a convicted FELON, nor has she ever been charged or convicted with anything related to Chid Abuse. People get reported to DCFS for the smallest of things, most times just because someone is mad at them. Doesnt mean she abused a child... from what I have seen, all those were unfounded... that being said... she did not abuse a child.
Angela
Angela, I fully agree with your thoughts about this. I am all too familiar with this case as well. There definitely needs to be more people out there willing to speak for the children who can't speak for themselves. I think if the "powers that be" looked a little harder and pressed for all the details, they could charge her with more. The reasons for getting her with only minor charges are insane.
Cardinal Case
I am familier with this case. She was not charged with murder or manslauter. She was charged with operating an unlicensed day care center. She was given the maximum sentence by a judge who has since retired. She was denied bond pending appeal. She has been in jail for 3 and 1/2 years. The Judge who sentenced her refused to allow testimony from parents who supported her not going to jail. Both the sentencing hearings in General District and Circuit Court were media circuses. The state medical examiner did not rule the child's death a homicide.
The new Judge recognized that the original sentence was excessive and released her.
I 2 am familiar with this
I 2 am familiar with this case and she has not YET been charged with manslaughter. It's unfortunate that the Judge has to question why felony charges haven't been brought up against a monster such as this, who preys not only on children who are non-verbal and require an adult for their basic needs, but also the parents identities to further her own family and recreational entertainment. A sentence of 5 years is not excessive for someone who will continue to break the law because she feels she is above it by repeatedly coming into the court system for the same issues! CHILD ABUSE!
You say that the new judge decided...
her original sentence was excessive. Did the original judge take into account her prior misdemeanor conviction for placing a child in a closet (which certainly can constitute child endangerment), or her FELONY conviction for obtaining money under false pretenses, which prohibited her from operating a day care in the first place? It still appears that this new judge is using this case to express his own displeasure concerning legislation. The point made about parents not being allowed to testify that they belived she shouldn't have been sentenced to jail, were the dead child's parents among them? I say again this case, as reported here, stinks to High Heaven. But thanks for the info you provided here.
The judge SHOULD HAVE
The judge SHOULD HAVE refused testimony from any parent supporting her. What parent in their right mind would support such a criminal? It's unfortunate that the original judge - a judge who was actually familiar with her checkered history - was not able to hear this case again.
A child's life
It does seem crazy that time and time again so little value is placed on a child's life. Parents kill their child and get a few years in jail. Caregivers kill someone else's child and get a few years in jail. The excuses people come up with for killing a child that a judge and/or jury will swallow is tragic and disgusting.
Let us not forget all those
Let us not forget all those who go free! All the sick people who not only physically abuse children but also sexually and emotionally abuse them. It's sad when the state attorneys don't present a case to a judge or jury because they feel they don't have enough to win the case.....I say let the judge and jury decide...what are our taxes paying for?!
It sounds like this judge...
released her because he's not satisfied with the legislature. A fair question to ask him is if he would want his kids or grandkids to be in her care! Also, the new sentencing hearing was based on there not having been a court recorder at the original sentencing. Does this mean there's no record of those proceedings? This case is nuts, if you ask me!
Jail time
Did she even spend as much time or suffer as much punishment as Michael Vick??? A couple of years and no fines for killing a baby, or at the very least allowing a baby to die...not surprising; disgusting, yes; reviling, yes; surprising, no. Shame on that judge.
Good...
It's good the child is finally free. Oh wait, the child's not free, she's dead. It's her murderer who is free. Our justice system never fails to show us why we should continue to have so little faith in it.
Or why we should continue to
Or why we should continue to fight legislature to make a change and show that we care more about human life!
Another day...another screw
Another day...another screw up by a judge.
This is such a tragedy all
This is such a tragedy all the way around. Virginia Beach really let down all children yesterday. I cannot believe that after numerous children being hurt at this monster's hands, families being stolen from, and the worst tragedy of all - - an innocent baby dying - - - that someone would let her back on the streets. 10 years wasn't enough time for her to serve to start off with, but I cannot see the reasoning behind the judge reducing her sentence to 5-1/2 years and then letting her out of jail yesterday based on the time she already served. It's a shame that there aren't better laws out there to protect the children and lock monsters like her up for good. It sure seems like there are loopholes in the laws that let people hurt innocent children, but then people do something that doesn't hurt anyone and get the book thrown at them. Unbelievable tragedy.
We need to find more people
We need to find more people willing to fight the fight to get rid of the loopholes and put people like this obvious monster in their place.