Appeals court reverses Sonoma County judge’s sentence in child abuse case

A state appeals court has reversed the 11-year prison sentence handed down to a former Sonoma State University student who failed to seek medical attention for her injured baby for fear doctors would discover she was smoking pot while breastfeeding.

Lyndsay Colula, 23, received the punishment in 2013 for abuse that left the infant with a broken leg, fractured ribs and injuries to her head and toes. Her husband, Daniel Colula, 30, was sentenced to 10 years for his role.

But a three-judge panel of the 1st District Court of Appeal has reversed the mother’s punishment on the grounds that the sentencing judge in Sonoma County relied improperly on facts in a dismissed allegation. The case was sent back for re-sentencing.

The decision last month comes as lawyers for Lyndsay Colula filed separate legal papers claiming the sentencing judge, Gary Medvigy, promised to give Colula probation in exchange for her plea to felony child abuse with an enhancement for personal infliction of great bodily injury.

Instead, Medvigy sentenced her to 11 years in prison, finding her conduct too egregious for probation. Colula’s attorneys maintain Medvigy used a bait-and-switch tactic to induce Colula to admit charges.

On Tuesday, Judge Jamie Thistlethwaite announced she would preside over an evidence hearing to review any promises made in a closed-door meeting with Medvigy, defense lawyers and prosecutors. Colula, who is serving her sentence at a Southern California prison, will be brought back to Sonoma County for the proceeding.

Thistlethwaite set the next hearing for July 13.

Ultimately, Colula could receive the same punishment at a new sentencing. She also could get a lighter punishment or be released with credit for time already served.

Prison officials were considering a separate motion calling for her immediate release on her own recognizance.

The Colulas, who lived in Penngrove, were arrested in 2012 after doctors discovered their 6-week-old’s injuries during a well-baby checkup.

They determined the child’s leg had been broken several weeks before and the parents tried to mend it with an elastic bandage.

Medical authorities concluded the injuries were deliberate but the couple insisted they did nothing to cause harm. They gave multiple explanations, including that Lyndsay Colula may have rolled onto the baby at night or that the child fell off the bed.

The mother ultimately pointed her finger at the father, whom she said was the only other person who could have hurt the baby.

She admitted not seeking immediate treatment because she didn’t want doctors to discover she was smoking pot while breastfeeding.

The couple reached a pretrial settlement, although there was no formal agreement on a sentence. In court minutes from August 2012, Medvigy said that he was “strongly leaning toward probation.”

Colula’s lawyer at the time, Joe Rogoway, said in news reports he was shocked at the final outcome.

He told The Press Democrat he would have taken the case to trial if he had known Colula would receive so much time.

“The defense feels misled by the court,” Rogoway said in a story about the sentencing.

The baby, who was adopted by her maternal grandparents, has since recovered from her physical injuries.

You can reach Staff Writer Paul Payne at 568-5312 ?or paul.payne@?pressdemocrat.com.?On Twitter @ppayne.