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Judge refuses to reduce prison term for girl's death

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<p align="justify">A Fulton County judge denied the request Wednesday of a Canton woman to spend less time in prison for the death of her 4-year-old daughter.

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<p align="justify">Rebecca Breese, 29, was sentenced to 18 years in prison in August after she pleaded guilty to aggravated battery of a child for the January 2006 murder of Kathryn Westerfield.

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<p align="justify">Breese did not beat Kathryn but sat on a couch while her uncle, James Norris, 48, repeatedly tripped the girl to the ground, Fulton County State's Attorney John Clark said during Breese's sentencing hearing in August. Kathryn died of head injuries from the beating.

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<p align="justify">Breese's attorney, Tom Maas, argued Wednesday that Breese's sentence was "excessive." He said she is mentally retarded and didn't know the beating could cause serious harm to her daughter. He also said she has no criminal history.

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<p align="justify">Clark said he agreed with Judge Paul Mangieri's original sentence and that Breese "should bear responsibility for her actions."

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<p align="justify">Clark originally charged Breese with the same crimes as Norris - first degree murder and aggravated battery of a child - under the accountability theory. He said she could have protected her daughter but didn't.

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<p align="justify">Breese's only attempt to help her daughter was to ask her to sit with her on the couch during the beating, Clark said. The girl did, but Norris told her to come back, and he continued beating her.

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<p align="justify">Breese was eligible for six to 20 years in prison. Mangieri denied the motion to reduce the sentence and said he did consider her history and limitations when he sentenced her.

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<p align="justify">Norris pleaded guilty to Kathryn's murder but died in June only hours after he was sentenced to 35 years in prison. Authorities said he overdosed on depression medication in his jail cell. A coroner's jury ruled his death a suicide.

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<p align="center">Reach Journal Star reporter Brenda Rothert at (309) 686-3041 or state@pjstar.com.

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