Deadline Approaching to Appeal Leavenworth Case

LEAVENWORTH, Kan. (AP) The Leavenworth County attorney says he’s still deciding whether to appeal a court order that a woman convicted in her son’s death be given a new trial.

The Leavenworth Daily Times reports Tuesday is the deadline to ask the Kansas Supreme Court to review the case of 31-year-old Monica Rivera, who was convicted in August 2010 of involuntary manslaughter and endangering a child.

She is serving three years and five months in the 2009 death of her 4-year-old son, Gabriel. He died while Rivera’s fiance, Jason L. Jones, was caring for him. Jones was convicted of second-degree murder.

Last month, the Kansas Court of Appeal ordered a new trial for Rivera, citing errors in jury instructions and ruling Rivera did not receive a fair trial.