Mom Chooses Retrial in Fatal Jaywalking Case
Raquel Nelson son was killed as she crossed a busy street with him
By Newser Editors and Wire Services
Posted Aug 4, 2011 2:17 PM CDT
Attorneys for Rapper T.I., who's real name is Clifford Harris, Dwight Thomas, center, Steve Sadow, left, and Ed Garland address the media outside the Federal Courthouse, after Harris's bond hearing Friday,...   (AP Photo/John Amis)
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(Newser) – An Atlanta-area mother convicted of vehicular homicide in the death of her 4-year-old son, who was struck by a van as the two jaywalked on a busy street, has accepted a judge's offer to have the case retried. Raquel Nelson's son was killed last year by a hit-and-run driver who served six months; Nelson could have gotten as much as three years behind bars after a jury found her guilty. A judge sentenced her last week to a year of probation, but gave her a month to decide if she wants a new trial instead.

Speaking today on NBC's Today show, Nelson said she was willing to risk a new trial. "Miss Nelson is not criminally responsible for what took place," her new lawyer told NBC. "That needs to be explained to the jury." Attorney Steve Sadow, whose clients have included rapper TI and Howard K. Stern, said he's taking the case pro bono because her prosecution is unjustified.