BOSTON - Reading resident Ann Power will remain free on bail pending a further decision on her fate by Appellate Court Justice David A. Mills who heard the appeal of a lower court decision that found Power guilty of Involuntary Manslaughter by Want and Reckless Conduct.

Under the Appellate Court's order, "...the stay of execution of the sentence entered by the trial court on February 27, 2006 is continued, under the same conditions, until further order of this court..."

The two-prong appeal sought relief from Middlesex Superior Court Judge Peter Lauriat's decision to not direct a finding of not guilty on the charge and to extend Power's right to remain on bail but under house arrest pending the outcome of the appeal. As a result of today's action Power is still out on bail, although no final time frame has been established.

In response to questions about how long the Justice has to make a decision, Defense Attorney J. W. Carney of the Boston law firm Carney and Ballis, said, "As long as he needs."

In his presentation Carney argued on two points.

The first was that the Commonwealth had not presented evidence in their case that upheld a finding of Involuntary Manslaughter by Wanton and Reckless Conduct and that Judge Lauriat allowed evidence of prior actions to be introduced into the case in a prejudicial manner.

On the latter point, Carney said that evidence showing Power had disregarded several cease and desist orders on the operation of a day care center was only to be used as information for knowledge, not as evidence of truth.

It was his contention that despite several warnings from Judge Lauriat, the jury in the Superior Court case used the evidence as a way to show that Power knew, that by having too many children at any one time, she was committing an act that would possibly be dangerous to children in her care.

On the first point, Carney attempted to show that Power, despite the several warnings from state child care regulatory agencies, did not have knowledge that having between 10 and 14 children in her care, without assistance, would be dangerously harmful to the children.

He noted that Power, a child care provider for 35 years and a grandmother, had always taken care of many children at one time and never had serious harm come to any of them.

He also noted that during the trial, both the defense and prosecution provided expert witnesses that, according to Carney proved that one of the older children could have shaken the victim, a three-month-old infant in a car seat, with enough force to cause the injuries that later resulted in the death of the short-lived Stoneham resident, Mackenzie Rose Corrigan.

Assistant Middlesex District Attorney Nathanial Yeager, who had argued the Commonwealth's case in Superior Court, argued that although Carney had objected to the charge of Involuntary Manslaughter by Wanton and Reckless Conduct prior to and during the Superior Court trial, at the end, when Lauriat said it could be included, Carney offered a motion for the instructions to be given to the jury. The Judge did use this instruction.

Yeager also argued for repeal of the stay of sentencing, arguing that he was concerned about Power defying the court's order to not be around children other than her grandchildren. He did not argue that Power might be a flight risk.

Justice Mills noted that Power was under the jurisdiction of a probation officer. However, it was not clear as to whether that officer makes unannounced visits to Power's home to make sure that she is in compliance with the order.

As a part of her bail condition, Power must wear an ankle bracelet that signals the police if she is leaving her house at an unauthorized time.

The injuries leading to Corrigan's death took place, according to court records, on June 3, 2003. The infant died in Children's Hospital in Boston, as a result of the injuries, on June 4. Power was indicted on murder charges in September.

She was convicted of the lesser charge and if the appeal fails, is facing a sentence of three to five years incarceration in Massachusetts Correctional Institution - Framingham.