Convicted killer in 3-year-old NJ girl’s murder wins shot at freedom

🔴 Convicted killer’s life sentence tossed as appeals court orders new trial.

🔴 Case reopens wounds in brutal killing of 3-year-old girl in Bridgeton.

🔴 Defense expert claims unknown male DNA found, excluding defendant.

BRIDGETON — A New Jersey man serving a life sentence with no eligibility for parole has shockingly won a chance at freedom.

The appellate decision released last week vacates Latimar Byrdsell's convictions for felony murder, aggravated manslaughter, and aggravated sexual assault. He was found guilty by a Cumberland County jury in the 2006 killing of 3-year-old A'brianna Session. If not for the fatal smothering, she would now be 23 years old.

In their ruling, the appellate judges said they had to throw out all of Byrdsell's convictions. The 43-year-old Millville man has been granted a fresh, new trial that must include DNA evidence.

Details of the 2006 killing and a delayed 911 call

Prosecutors said the fatal smothering happened on July 10, 2006, while Byrdsell was watching A'brianna at their motel-apartment in Bridgeton. The girl's mother was at work for the afternoon and evening.

Byrdsell, who waived his Miranda rights, signed a statement that he was drinking brandy that afternoon. Around 8:30 p.m., A'brianna started "acting up," and he tried to get the 3-year-old girl to quiet down, according to court documents.

In his signed statement, Byrdsell admitted that he put the girl face down on a bed and then put a pillow over her head. When she resisted, he pushed the pillow down harder. A'brianna got quieter, and Byrdsell saw that she was not breathing normally.

He didn't call 911 for more than an hour. Court documents said he only contacted emergency services after he told the girl's mother that A'brianna was gasping for air. She was declared dead at 10:38 p.m. A medical examiner later found that she died from asphyxia due to smothering. The young girl had internal and external bruising on her neck and back.

DNA evidence dispute raises questions in sexual assault

An autopsy also found other disturbing injuries. The medical examiner said the injuries were inflicted on A'brianna no more than 24 hours before her death. The medical report said that "forceful stretching" had caused a rectal tear, and there was bruising and a scrape inside her vagina.

Byrdsell maintains that he did not sexually assault the girl. His sworn statement claims that those injuries were caused when he covered her head with the pillow.

"I did not put any object or anything inside of her. I didn't touch her vagina or anus," the statement said.

In 2022, Byrdsell got approval for DNA testing of samples collected from those areas of the victim. Lab testing done by the State Police Officer of Forensic Sciences found no DNA in those samples.

However, court documents said that Byrdsell was allowed to use a separate DNA expert who found Y-chromosomes using a "different chemistry" than the OSF. The expert, Katherine Cross, said that Byrdsell was excluded as the source of the DNA and that it belonged to a different, unknown male.

READ MORE: Concerns rise over more victims in NJ school abuse case

Legal battle history and prior appeals in murder case

The claim that Byrdsell's attorneys failed to use available DNA evidence in his defense is a change from his previous attempts to escape his convictions. In 2017, Byrdsell filed an appeal to suppress his statements to detectives. It was dismissed.

Before that, at sentencing in 2013, Byrdsell's attorneys argued that he didn't intend to kill his fiancée's daughter when he smothered her with a pillow. Superior Court Judge Cristen D'Arrigo said that, even if that were true, the act was "cruel and depraved," the South Jersey Times reported.

"He knew she was very very vulnerable. He takes no responsibility ... and that mentality shows he is a risk to offend again," D'Arrigo said.

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