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Court upholds dismissal of day care assault case

MADISON, Wis. (AP) — A state appeals court has upheld the dismissal of the case of a day care director accused of causing severe injuries to a 10-month-old girl.

The 2nd District Court of Appeals ruled Wednesday that the Sheboygan County Circuit Court was correct to dismiss the case last year due to Mary Benz being denied the right to a speedy trial.

Benz was charged in May 2008 with child abuse after a 10-month-old girl in her care was found to have suffered vaginal injuries so severe she had to undergo surgery.

After numerous delays, the trial did not begin until November 2009 but a mistrial was declared just four days later. A new trial was to begin in 2010 but the judge dismissed the case and the appeals court upheld that decision.

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