Cleo Juan, a 34-year-old McKinley County woman who was convicted earlier this year of child abuse resulting in the death of 18-month-old Colby Shirley, is seeking a new trial because she is related to the county's top prosecutor, District Attorney Karl Gillson, the Gallup Independent reported.

Juan, who was tried in January, was found guilty of intentional child abuse resulting in the March 2006 death of the boy who was placed in her care by the state and was facing a mandatory 30 years in prison at her sentencing in Gallup last week, according to earlier reports.

But the sentencing was put on hold when Juan's attorney Mark Fine sought a new trial because his client's relationship with Gillson prevented her from receiving a fair trial, the Independent said.

Juan's grandfather, Lloyd Baldwin, was Gillson's great-uncle, making them second cousins, and two of Gillson's second cousins also testified on Juan's behalf at trial, Fine said in his motion.

Fine said he was unaware of the relationship between his client and the district attorney until after she was convicted, the Independent said.

Normally, a relationship between a defendant and a prosecutor would be considered an advantage to the defense, but in this case, Fine is arguing that the relationship hurt Juan, the Independent said.

Fine suggested there may be some evidence of friction between Gillson's and Juan's side of the family, but he presented no evidence, calling for further investigation, the paper reported.

The lawyer also said it's possible Gillson's decision to prosecute Juan to the fullest extent of the law -- rather than seek a lesser child-abuse charge -- occurred because Gillson wanted to show his toughness in a re-election campaign, according to the Independent.

But the fact of Juan's relationship to Gillson never came up in the campaign, the paper reported.

Fine said what he wants is another trial for Juan that is handled by an outside prosecutor, the Independent said.

Gillson told the paper last week he was unaware of any relationship with Juan until Fine brought it up, and he called the motion for a new trial "just an act of desperation."

Gillson also said his office has had a firm policy of farming out any cases where either he or any other member of the staff is related to the accused, the Independent said. 

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