Diane Marsh

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Confusion over verdict forms submitted by jurors could mean a retrial for a Tucson woman convicted Monday of negligent homicide in the death of her 5-year-old son.

Brandon Williams died from a 3 1/2-inch skull fracture, but there was evidence he had also been drugged, burned and tied up in the weeks leading up to his death. His mother, Diane Marsh, 41, was charged with first-degree murder and four counts of child abuse.

On Monday she was convicted of the less serious charge of negligent homicide and four counts of child abuse. The jurors decided Marsh "intentionally and knowingly" engaged in the child abuse, but said none of the acts was likely to cause Brandon's death. The jurors also said that while Deputy Pima County Attorney Shawn Jensvold proved Marsh drugged the boy, he failed to prove Marsh caused the head injury.

Jurors were given two forms to fill out when it came to the murder charge. On one form, they were asked if Marsh was guilty of felony murder. On the other, they could have convicted Marsh of second-degree murder or the less serious charges of manslaughter or negligent homicide.

The jurors wrote "guilty" next to negligent homicide but left the other blanks empty.

Jensvold believes the jury couldn't reach a unanimous decision on the more serious charges and therefore, Marsh could be tried for murder again because those entries were left blank. Defense attorney Steve Sonenberg believes the jury believed Marsh was guilty only of negligent homicide.

Pima County Superior Court Judge Hector Campoy will allow the attorneys to argue their viewpoints on Aug. 26.

If the verdict stands, Marsh could be placed on probation or sent to prison. The maximum sentence on any one count is 3.75 years.

Marsh testified last week that she spent months living her life at the direction of her roommates, Flower Tompson and Mark Moss.

She came to believe satanic cults were out to kill her and her son, and that Tompson knew the best way to deal with Brandon, even when it involved physical abuse, Marsh said.

Tompson called 911 on March 21, 2007, after Brandon stopped breathing. Resuscitation efforts failed, and Brandon died at Northwest Medical Center.

Paramedics who went to Marsh's North Side home called the Pima County Sheriff's Department because they saw marks on Brandon's wrists, ankles and feet that indicated he had been tied up and burned.

However, an autopsy revealed the skull fracture, which extended upward from the top of his spine.

Toxicology tests also showed the boy had a higher-than-therapeutic level of diphenhydramine in his system. Diphenhydramine is the active ingredient in the adult sleeping medicine Tylenol Simply Sleep.

Marsh testified Thursday that it was Tompson's idea to tie her son to a bed frame and to dip his feet in scalding hot water to discipline him. She also said it was Tompson's idea to drug the boy so he would sleep through the night.

Brandon had autism and frequently threw temper tantrums that included head-banging episodes, Marsh said.

Marsh, a former U.S. Air Force cook, met Tompson and Moss in August 2006, and the two quickly moved in with her, Marsh said.

Within a month, Tompson had convinced her that satanic cults wanted her and Brandon dead, Marsh said.

Tompson often relayed various orders to Marsh that supposedly came down from a juvenile probation officer named "Jamie," Marsh said.

Those orders included looking for high priests, hiding out from family and friends who had been corrupted by the cults and making drastic changes in her day-to-day life.

For instance, Marsh said, she stopped giving Brandon his medication because Tompson said Jamie was working on getting him better medications. She also stopped taking him to his therapy sessions, school and day care because Tompson told her Jamie didn't believe they were safe.

She also stopped going to the VA hospital because Tompson said Jamie said they were going to kill her, Marsh said.

Marsh insisted she didn't know who caused the boy's head injury.

On the night he died, Marsh said, Brandon was still at the kitchen table eating dinner when she went to take a bath.

While she was in the bathroom, she heard Moss yell at the boy and saw Tompson take Brandon into her bedroom.

She heard Tompson yell, " 'Get your hands off me' " and " 'Don't touch me,' " but couldn't see what was happening.

The boy vomited later that night, and they decided to keep an eye on him, Marsh said.

Eventually, the boy stopped breathing, and 911 was called.

Marsh said she knew the boy was in distress but did nothing to seek help for him for hours.

"Flower wouldn't let me call. Flower had the phone that night, and Flower wouldn't call," Marsh said.

Marsh never told detectives about Jamie, the satanic cults or Tompson yelling at the boy that night.

The jury, which was made up of nine women and three men, reached its verdict after deliberating about 12 hours over two days. The jurors asked more than 100 questions throughout the course of the trial.

Tompson, who was charged with first-degree murder and child abuse, has pleaded guilty to one count of child abuse under circumstances likely to cause death or serious physical injury.

She is facing a prison sentence of five to 15 years. Moss was never charged in connection with the case.