Appeals court upholds convictions for daycare workers

New Mexico's court of appeals on Monday affirmed reckless child abuse convictions of two former Portales daycare owners.

Sandi and Mary Taylor, former owners of the Taylor Tots Daycare, were sentenced to 30 and 36 years in prison, respectively, after two children in their care were left in a hot vehicle for 2 hours and 40 minutes in July 2017.

Maliyah Jones, 22 months, died as a result of the incident. Aubri Loya, then 23 months, was seriously injured but survived and has recently started public school.

Officials said temperatures outside the vehicle exceeded 90 degrees.

The state Supreme Court last September, in a 3-1 decision, ordered the Taylors released from prison pending appeal on their 2019 convictions.

Tye Harmon, the Taylors' attorney, said he will appeal Monday's ruling and still hopes his clients will ultimately be acquitted of the criminal charges.

"My hope is the Supreme Court will agree with our argument that there was never a crime committed," Harmon said Monday afternoon.

Harmon has argued that the children's suffering was an accident.

District Attorney Andrea Reeb said she read the appeals court opinion Monday and "I feel the law is in the state's favor and the law is clearly laid out in the opinion.

"It is the state's hope that the Supreme Court denies (review) and ... will put this case to rest for the victims and the defendants will return to jail."

The Taylors have been free on bond since September and are expected to remain free until all appeals are exhausted.

"They're doing great, spending time with family and doing everything they're supposed to be doing under the court order," Harmon said. "They've got a very, very positive outlook and strong family support."

If the state Supreme Court agrees to hear an appeal of the ruling issued Monday, it could affirm the appeals court decision, reverse the conviction and send the case back to the district court, or find that an acquittal should have been the jury's finding in 2017.