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Delaware’s Supreme Court has rejected an appeal from a day care worker sentenced to life in prison after pleading guilty to suffocating a 4-month-old girl.

A three-judge panel on Wednesday rejected DeJoynay Ferguson’s claims that her due process rights were violated because a Superior Court judge was unwilling to consider mitigating evidence and arguments she presented. Ferguson also claimed the judge had sentenced her “with a closed mind” and “for the sole purpose of retribution.”

“While it is clear that the judge was not persuaded by Ferguson’s mitigation evidence, on this record we cannot conclude that the judge ignored, or failed to consider, the mitigation evidence and argument she offered, or sentenced her with a closed, vindictive, or biased mind,” Justice James Vaughn Jr. wrote for the court.

Ferguson, 22, pleaded guilty last year to first-degree murder by abuse or neglect, six counts of first-degree child abuse, and two counts of second-degree child abuse. The plea followed an indictment charging her with murder and 52 counts of child abuse involving five children at the Little People Child Development Center in Bear. The guilty pleas involve three of the five children.

According to court records, Ferguson began working at the day care center in January 2019, when she was 18, and began systematically abusing children months later after being left to handle the infant room by herself “with minimal experience or training.”

Video surveillance showed Ferguson smothering three children on 28 different days, sometimes multiple times a day, and physically abusing two other children.

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