LANCASTER — A Palmdale woman who was convicted along with her boyfriend in the killing of her 23-month-old son has filed a petition in which she contends she is eligible for resentencing under a recent change in state law that affects some murder cases.
Rosie Lee Wilson’s boyfriend, Brandon Jerel Williams, beat her son Anthony Wilson so severely, in August 2014, that he was hospitalized. Anthony died 41 days later, on Oct. 14, 2014.
Wilson, now 28, received a 15-years-to-life sentence after being found guilty, in August 2017, of second-degree murder and child abuse with great bodily injury resulting in death. A state appeals court upheld Wilson’s conviction, in March 2019.
Williams was convicted of first-degree murder, torture and assault on a child causing death. He was sentenced to 25 years to life.
Wilson, now 32, had left Anthony and her daughter with Williams knowing he had abused Anthony previously, so she could go out to a karaoke bar, court documents show.
Williams called Wilson in the middle of the night and told her that Anthony had fallen. Wilson stayed at karaoke and did not return until about 11 p.m. She did not take the toddler to the hospital until 12:30 p.m., the next day, even though he had massive bruising on his buttocks, an injury to his lip, bruising around his penis and scrotum, and bruising to his head, the documents show.
Wilson eventually admitted that she did not take Anthony to the hospital because she did not want the Los Angeles County Department of Children and Family Services to take him away.
Williams admitted punching and assaulting Anthony because he was mad at Wilson for leaving the children with him to go to karaoke. Court documents show that Wilson tried to conceal Anthony’s injuries by covering them in baby powder and make-up. In addition, the evidence showed that Anthony had suffered many old fractures, including a fractured clavicle, fractured ribs, fractured tibia, fractured humerus and fractured radius/ulna.
Doctors and medical professionals opined that Anthony could have been saved had Wilson taken him to the hospital sooner.
Wilson contends in her petition that she could not now be convicted of murder due to changes made in state law that became effective, in January 2019.
Court documents filed in opposition to Wilson’s petition show that Wilson can still be convicted of second-degree murder under a still-valid theory of implied malice. For example, Wilson had a legal duty under state law to protect Anthony from harm and failed to do so.
A hearing date on Wilson’s petition is scheduled to be set in an Antelope Valley courtroom, on Tuesday morning.