Judge denies request for new trial after State finds Red Bay daycare worker's credentials were forged

Yahoo

13-06-2025

RED BAY, Ala. (WHNT) — Attorneys for a Red Bay daycare worker motioned for a new trial, saying the State introduced forged credentials as evidence. Judge Brian Hamilton has denied the motion.
Payton Gann's trial for her alleged role in the death of 4-month-old Autumn Wells began Monday. She is facing a manslaughter charge.
The State introduced the forged certificates into evidence during the testimony of a DHR investigator on Thursday. The investigator said Gann's DHR file showed that she completed the state-required childcare training of 21 and a half hours.
According to court documents, after the close of evidence in court on June 12, the State disclosed to Gann's attorneys that the certificates showing the completion of several training courses were 'in fact, forgeries.'
The prosecutors said they were unaware at the time they were brought into evidence that the certificates were forged.
'Whether or not Gann received training on the prevention of SIDS and sleepingenvironments for infants is material evidence that would aid the jury in determining herguilt,' Gann's attorney wrote.
He added that the introduction of the forged evidence violates his client's rights to due process and a fair trial under the Fifth Amendment and Section I, Article 6 of the Alabama Constitution.
In August 2022, Gann filed a motion for discovery to request that the State provide any information, material, possible testimony, potential evidence or evidence that may be helpful to the defense.
Gann's lawyers said that the information about the forged certificates was suppressed until after the close of evidence, even though it was helpful to Gann 'for impeachment of the State's witnesses.'
The document continues, saying that the DHR investigator who testified on Thursday said she had gotten the forgeries as part of her investigation for the State of Alabama. She also said that the certificates were for seminars conducted by DHR as part of the policies and procedures.
'The [DHR] worker either knew or should have known the certificates were fraudulent if she had cross-referenced the certificates found in Gann's file at Tiny Tigers with the state system,' Gann's attorneys added.
In response, the State noted the 'overwhelming evidence of the Defendant's guilt… inclusive of, but not exclusive to, evidence of numerous false statements given to laypersons as well as investigators.' The prosecutors also spoke with the Autumn Wells' family, who said they did not wish to endure the retrial.
Prosecutors stated in the court document that they deny that any evidence was 'suppressed,' saying that the State and DHR were both unaware that the certificates were forgeries. The efforts to prove whether they were forged or not began on June 12 after it was suggested they were fake.
The State contacted the vendor that provided the online training. Late Thursday afternoon, after testimony for the day had concluded and jurors had been dismissed, the vendor reached out to prosecutors to tell them that the 'certificates could possibly have been forged by the daycare owner.'
Following that, the State said they had a conference call with the Defendant's counsel and the Court to inform them of what the vendor said. The State then issued a subpoena to develop more information.
The motion, filed June 12, 2025, was denied by Judge Hamilton on June 13.
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