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MACEWAN v. STATE2/28/1997
Angela Moore MacEwan was convicted of capital murder, specifically the murder of a child under the age of 14, in violation of § 13A-5-40(a)(15), Ala. Code 1975, in connection with the death of her two and one-half year old daughter, Sydney Isabel Moore. MacEwan was sentenced to life in the penitentiary without the possibility of parole. The evidence presented at trial was largely undisputed and presented the following relevant facts.
MacEwan gave birth to Sydney on April 7, 1992, after becoming estranged from the child's father. Immediately following her
birth, Sydney began to experience numerous medical problems, including violent seizures and intolerance to her formula. The infant's medical problems required constant attention. Sydney required numerous trips to the emergency room during the first year of her life.
Soon after Sydney's birth, MacEwan's boyfriend, Dallas Sita, moved into the apartment with them. Sita, a witness for the State, testified that he babysat Sydney for the first year of her life while MacEwan worked as a dancer at a local club. Testimony revealed that Sita was very attached to Sydney and treated her like she was his own daughter.
When Sydney was about one year old, MacEwan stopped working and stayed at home with the child on a full-time basis. Sita began working at different jobs to support them. During a two-month hospitalization for infectious pneumonia, Sydney was diagnosed as having an extremely rare genetic disorder, which was responsible for her medical problems. MacEwan was told that, in addition to the medical problems that had already manifested themselves, the disorder would severely hinder Sydney's mental and physical development. Sydney was never expected to be able to walk or to take care of herself. Additionally, Sydney's inability to retain food after eating necessitated the insertion of a feeding tube that allowed nourishment to be fed directly into her stomach. Sydney required a number of medications to control her seizures and other medical problems, all of which were administered through the stomach tube.
At some point before October 15, 1994, MacEwan and Sita started having a series of arguments over Sita's involvement with another woman. On October 15, 1994, MacEwan told Sita that if he left her he would never see Sydney again. Sita testified that the last time he saw Sydney alive was when he left the apartment that day.
MacEwan testified that she waited that evening for Sita to return. She testified that, when he did not return, she took some pills and fell asleep watching a movie. Sydney was lying beside her on a mattress. MacEwan testified that Sydney was dead when she awoke the next morning. MacEwan claimed to have no memory of any events from the time she went asleep until she found Sydney dead.
Upon learning of Sydney's death, Sita went to Cooper Green Hospital where Sydney's body had been taken. He then went to the University of Alabama at Birmingham hospital to see MacEwan, who had apparently attempted to commit suicide by slashing her wrists and legs with a razor blade. Sita testified that MacEwan told him that before she fell asleep she had given Sydney extra phenobarbital and Benadryl because she would not stop crying. Both drugs were part of Sydney's regular medications. Sita testified that when he asked MacEwan how much of the drugs she had given Sydney, she replied, "A lot." (R. 226.)
Sita testified that he went to MacEwan's apartment the next day to clean up. At the apartment Sita found an empty bottle of phenobarbital and an empty bottle of Benadryl. Sita testified that when he left the apartment the day before Sydney's death the bottle of phenobarbit
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