Beach woman seeks lighter sentence in death of infant

By Duane Bourne
The Virginian-Pilot

VIRGINIA BEACH - Two months after she was punished for running an unlicensed day-care center where a baby died, a Virginia Beach woman on Thursday began seeking a new sentence.

Earlier this year, Anne Marie Cardinal pleaded guilty in General District Court to 10 counts of operating an unlicensed day care center.

A judge sentenced her to one year in prison for each count, calling her actions "reprehensible," blaming her for the child's death.

Cardinal then appealed to Circuit Court. She pleaded guilty again Thursday in that court to the same 10 misdemeanor counts, setting the stage for a new sentencing hearing.

On Sept. 14, a 9-month-old girl died in Cardinal's care. Despite indications that the child was smothered, the state medical examiner could not determine what caused her death.

At Thursday's hearing, Cardinal's attorney, Arthur C. Ermlich Jr. , argued that testimony about his client's previous criminal conduct had no bearing on the current charges and should be barred. The previous sentencing hearing in General District court lasted five hours over two days.

Prosecutor Katherine Orsini disagreed with Ermlich, saying that testimony from child protective workers showed why Cardinal should not have had children in her care.

Child Protective Services had investigated several claims against Cardinal, including allegations that she placed children as young as 1 in a closet for up to three hours at a time.

In 2000, Cardinal was convicted of child neglect in that case and received a 60-day suspended sentence. The conviction prevented Cardinal from legally running a child-care business.

Circuit Judge Thomas Shadrick said he will not allow more than one hour of testimony during the new sentencing hearing, scheduled for June 29.