Re:Vegan couple that nearly starved tot to be set free

July 8, 2006

From New York Daily News : BY SCOTT SHIFRELDAILY NEWS STAFF WRITER A Queens couple convicted of nearly starving their baby girl to death could be freed later this month after the state's highest court threw out their felony convictions yesterday. Lawyers for Joseph and Silva Swinton, both 35, were ecstatic after the unanimous decision found the evidence against them was "legally insufficient" to prove they assaulted the baby with "depraved indifference." The little girl, Ice Swinton, now 6, and her younger brother, born to the Queens Village couple after their arrests in

2002, have been living with relatives. "This was a loving mother. She was no monster," said defense lawyer Kevin Costello. "She sends me pictures all the time. They are such nice-looking children. It's hard to believe they were once sick." Ice was fed what prosecutors called a bizarre diet of mostly vegetables, fruits and nuts. At 16 months, she weighed just 10 pounds, had a distended belly and brittle bones, authorities said. Queens District Attorney Richard Brown criticized yesterday's decision by the state Court of Appeals, saying it "leaves children with virtually no protection against severe maltreatment." Silva Swinton had been sentenced to six years behind bars. Her husband got five years, a year less than Silva because he is borderline mentally retarded. They are likely to get time served when they are resentenced later this month. "I'm not saying what she did was right but the punishment was so over the top," said Silva Swinton's

lawyer Steve Forbes. "I hope she can get her life back together." Peter H

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