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Joy Heaven, during her preliminary exam on charges she killed her foster daughter (September 1, 2010)

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Joy Heaven (right) sits next to her attorney in 63rd District Court during her preliminary exam on a charge she killed her foster daughter (September 1, 2010)

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Kent County Medical Examiner Dr. Stephen Cohle (September 1, 2010)

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Emily Meno (courtesy photo)

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Foster mom rejects murder plea deal

Joy Heaven accused of killing Emily Meno, 5

Updated: Wednesday, 01 Sep 2010, 6:36 PM EDT
Published : Tuesday, 31 Aug 2010, 9:50 PM EDT

GRAND RAPIDS, Mich. (WOOD) - The woman accused of killing her 5-year-old foster daughter rejected a plea deal at her preliminary exam in a Kent County courtroom.

Joy Heaven, charged formally in July with murder while committing child abuse, was offered a deal to plead guilty to second-degree murder. But her attorney said she was not willing to accept the offer at this time.

The Gaines Township woman was responsible for Emily Meno, her special needs foster daughter who died of a traumatic brain injury July 17.

Heaven originally told police that Emily had an epileptic seizure July 15, court documents show. But Emily's autopsy revealed the girl had died from head trauma after being hit with something hard.

Heaven then admitted to becoming frustrated with Emily for wetting her pants and getting in the way. She admitted to shoving Emily so hard, the child flew through the air, landed on her head and lost consciousness for several seconds, the documents say.

Heaven took Emily to a hospital several hours later, where she died after two days.

Medical examiner Dr. Stephen Cohle testified that, in his opinion, a 5-year-old child could not fall from a standing position and suffer the type of injury Emily incurred.

But Heaven's attorney asked if different children might react differently to injuries. Cohle said that, based on his examination alone, he can't pinpoint exactly when Emily's brain injury happened.

He also testified someone with adult strength would be needed to provide the force Emily felt, and that in his opinion, this was not an accident.

A detective testified Heaven admitted pushing Emily with one hand, and hit her head as she flew back, going unconscious for 10-15 seconds.

The preliminary exam was adjourned for at least a week to give Judge Steven Servaas the time to view the video of Joy Heaven's police interview.

She is not in jail, as she posted the $10,000 bond in July. If convicted, Heaven faces life in prison without the possibility of parole.

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