An Eastern Shore woman convicted of the death of a 9-month-old baby in her care will get a new trial thanks to a decision by a judge. Gail Dobson, of Trappe, Md., was convicted on charges of second degree murder and child abuse in 2010 in connection with the death of Trevor Ulrich.
Dobson's attorney, Baltimore-based Flynn Owens, says his team was successful in trying to secure the former daycare provider a new trial. In February, Owens argued in a post-conviction hearing in Kent County that Dobson's original counsel was ineffective, essentially denying her a fair trial. A judge has now ruled on the matter, giving Dobson a new trial.
The news came as a shock to Kelly Ulrich, who placed her son in Dobson's care in 2009 when she returned to work as a school teacher. Trevor Ulrich died following his second day in Dobson's care. His autopsy indicated cause of death was blunt impact head trauma. Dobson has maintained she did not harm the child.
The state has 30 days to appeal the decision, although the court of special appeals could take as long as a year to rule on that case. That's why Owens says he's filed a motion requesting Dobson be released on bail as she awaits trial. If he's successful with that motion, Dobson could walk free after serving nearly four years of her 20 year sentence.
Kelly Ulrich called the decision "unbelievable", telling ABC2 Investigators a new trial doesn't erase or change the evidence.