A Flowery Branch man convicted of having sex with and impregnating a 14-year-old girl wants the Georgia Supreme Court to toss out his conviction on aggravated child molestation charges.
Attorneys for Lawrence Daddario have argued before the high court that pregnancy and childbirth do not qualify as the "physical injury" required to prove aggravated child molestation.
Daddario was convicted on a list of charges in August 2016, including aggravated child molestation, incest, statutory rape and two counts of cruelty to children in the second degree. Daddario was sentenced to life in prison plus 20 years.
In documents provided by the Georgia Supreme Court, Daddario's attorneys argued on May 8, 2019 that the Court of Appeals “went a step too far” in ruling in Kendrick that a defendant who impregnates his victim has physically injured her.
"This Court should overrule Kendrick and let the legislature decide whether causing pregnancy should result in significantly enhanced punishment," Daddario’s attorneys from the Public Defender’s office argued in briefs. "Our legislature has thus far remained silent on the issue."
Daddario's attorneys also argued that the trial court in Hall County erred by admitting Daddario’s incriminating statements that he made to a Court Appointed Special Advocate (CASA), admitting that he had had sex with the girl. The attorneys said the CASA did not first Daddario his Miranda rights.
