Judge Denies Grandmother's Appeal of Murder Sentence
Attorney: Appeal process to continue for woman who tossed 2-year-old from Tysons walkway
Ten months after a Fairfax woman was convicted of murdering her 2-year-old granddaughter, a Virginia Court of Appeals judge has denied an appeal filed by her attorney.
Judge William Petty denied Carmela dela Rosa's appeal of her 35-year prison sentence July 31.
According to the Virginia Department of Corrections online database, dela Rosa, 51, is currently serving out her sentence at the Fluvanna Correctional Center for Women, in Troy, Va., about 13 miles southeast of Charlottesville. The database indicates her expected release date is May 8, 2041.
On Nov. 29, 2010, dela Rosa threw her granddaughter, Angelyn Ogdoc, off the edge of a 44-foot footbridge at Tysons Corner Center. The child died from her injuries. Dela Rosa was convicted of first degree murder by a jury in Fairfax County Circuit Court last October.
Fairfax County Public Defender Dawn Butorac, who represented dela Rosa during the two-week trial, told Patch on Thursday she has not had contact with her client and did not have a status update about her mental health.
During the trial, Butorac tried to convince the jury dela Rosa was insane at the time of the crime.
Though the initial appeal was denied last week, Butorac said she intends to file a request next week for oral argument in the Court of Appeals. The oral argument should be scheduled in about two months, Butorac said.
This will give Butorac an opportunity to ask a three-judge panel to consider her client's appeal. If all three judges deny the appeal, Butorac said she can appeal the sentence to the Supreme Court of Virginia.