[11/5 – slight edits throughout] (Atlantic, Iowa) – A jury in western Iowa, Thursday, was unable to come to an agreement in the first degree murder trial of a Cass County woman charged in the Oct. 7, 2019 death of an infant male in her care. Judge Amy Zacharius declared a mistrial and the jurors were released.

The Defense Attorney for Alison Dorsey, of Anita, DeShawne Bird-Sell announced the judge’s decision, and explained what happens next..

Dorsey remains free on bond until the case is tried again. Bird-Sell says it’s too early to say when and where that trial will be. Bird-Sell said she was disappointed by the outcome.

Bird-Sell could not speak to what parts of the evidence presented to the jury that they could not come to an agreement on. Bird-Sell was asked is she’s ready for another fight to prove Dorsey’s innocence.

The announcement, which came in the corridor outside of the courtroom, brought those who had attended the six-day trial, to tears. Alison Dorsey was 36-years-old when 11-week Luka Hodges presented labored breathing and showed signs of unresponsiveness at a home daycare she ran in Massena. The child and his brother had been dropped-off by their father, Nick Hodges, a little before 8-a.m., that day. About three hours later, Luka was gasping for air.

Dorsey called Hodges, who arrived moments later. Just as he walked through the door, Luka, who was being held by Dorsey, went limp and stopped breathing. Nick Hodges immediately began infant CPR. An on-duty Cass County Sheriff’s Deputy arrived soon after and continued CPR. Additional EMS personnel quickly arrived on the scene.

Luka was transported to the Cass County Hospital in Atlantic, and then to Children’s Hospital in Omaha, where he died. His death was initially declared Shaken Baby Syndrome, but the Iowa Medical Examiner’s Office report on the cause of death was inconclusive.

In addition to 1^st Degree Murder, Dorsey was charged with Child Endangerment with Bodily Injury resulting in death. Both are felonies. A guilty verdict on the murder charge would likely have resulted in life in prison, had she been convicted. The second charge carried a maximum of 25-years in prison.