Daycare Worker Thought an Apology Would Save Her… Judge DELIVERS 20 YEARS

Added: 2026-05-31

[00:00:00]All right, we have one case on the docket today. State versus Sarah Jo Fuson.

[00:00:07]State ready?

[00:00:09]All right, let's bring out Miss Fuson.

[00:00:24]I failed to ask is the defense ready as well?

[00:00:27]All right.

[00:00:28]Then we're ready to proceed with this sentencing hearing. State may call your first witness.

[00:00:44]Make sure that microphone works.

[00:00:47]All right.

[00:00:47]Yes, Your Honor. The state would offer the pre-sentence investigation report completed by Miss Wendy James as an exhibit to this hearing.

[00:00:55]All right. Any objection to you All right.

[00:01:02]If you will turn on that microphone there at the table, whatever, that that'll help us to make sure we're on the record, so I'm David Rabin, co-counsel.

[00:01:10]Introduce myself. Um We're just going to reserve objections to the end of the hearing.

[00:01:16]Any objection into the report is reserved, so we'll mark that report as exhibit one.

[00:01:22]It is in the uh We'd ask that Your Honor incorporate the proof from the trial into this hearing today.

[00:01:30]And we would call Miss Macy Hyde.

[00:01:34]All right. [snorts] Yeah. Um I pulled some of those things out, so that they If you'll come right up here, please, ma'am.

[00:02:06]>> Good morning, ma'am. Good morning. Could you please state and spell your name?

[00:02:09]Uh Macy Hyde, m a c y h y d e.

[00:02:13]And you're the mother of Olivia.

[00:02:16]And have you prepared a victim impact statement today that you'd like to read?

[00:02:19]Yes, sir.

[00:02:21]With your court's permission, I would ask her to read.

[00:02:28]>> [clears throat] >> Your Honor, my name is Macy Hyde and I am the mother of Olivia, the child who has been deeply harmed in this case.

[00:02:37]There are no words to describe what it feels like to realize your baby has been harmed by the very person you trusted to care for her. When I first saw the bruises on Olivia's little arms, I felt a mix of confusion, fear, and indescribable pain. I had trusted Sarah with the most precious thing in my life, my daughter, and that trust was shattered.

[00:02:58]I'm here today to share the profound and lasting impact the defendant's actions have had on my daughter, on our family, and on me as her mother.

[00:03:08]Since the abuse, our lives have been consumed by emotional turmoil, fear, and uncertainty.

[00:03:14]Olivia, though too young to fully understand what has happened, continues to suffer the effects.

[00:03:21]For months after the incident, she woke up screaming in the night. She had panic attacks and was showing an overwhelming fear of sleep.

[00:03:29]Putting her down at naps and bedtime became an emotionally charged ordeal.

[00:03:33]Even a year after the abuse, she still exhibited signs of trauma.

[00:03:38]We had to seek play therapy because she refused to let us touch the backs of her arms.

[00:03:43]And she displayed concerning behaviors during play, acting out as a student or a teacher, which hinted at her distress.

[00:03:51]A simple touch in the wrong place could trigger a meltdown with Olivia begging us not to touch her that way as if she was reliving the horrors.

[00:04:00]As a mother, the emotional turmoil has been unbearable. Every day I live with the constant anxiety that my children may be hurt again. Fear that grips me every time I drop them off at school or leave them with anybody other than myself.

[00:04:14]Things that once felt routine like school drop-offs, babysitters, and playdates are now moments of intense dread and second-guessing.

[00:04:23]I regret deeply that I took Olivia back to Sarah the day after the abuse.

[00:04:29]The guilt that haunts me for that decision weighs heavily on my heart and I still to this day struggle to forgive myself.

[00:04:37]After watching the trial videos, my husband and I experienced nightmares, uncontrollable tears, and unable to shake the images from our minds. We both sought therapy to cope with the trauma, including EMDR, to help erase the haunting memories.

[00:04:54]Rewatching the footage in October just reopened old wounds, bringing back intense pain and the memories of that time.

[00:05:02]Our daily life has been irrevocably irrevocably changed. My children have become more cautious and I have become hyper-vigilant.

[00:05:11]Every change in behavior raises a red flag in my mind.

[00:05:14]The fear I now carry is not a life that I ever imagined for my children.

[00:05:20]Yet, it is our new reality. This summer, I struggled to send our son to daycare after we moved.

[00:05:27]The anxiety becomes so overwhelming for me that I almost pulled him out after just 3 days of being there, fearing the worst from what had happened to Olivia.

[00:05:37]Thankfully, Olivia is now in a school environment with teachers whom I trust, but the fear remains. I still scrutinize every detail of her day. I over-analyze every situation and I'm constantly on alert for any signs of distress, whether it's just a bruise or a change in behavior.

[00:05:54]The trust we once had in the world around us is shattered. Sending my children to school or leaving them in the care of others now feels like a risk that I cannot fully bear.

[00:06:05]The ripple effects of this trauma has permeated every parts of our lives.

[00:06:10]I am deeply concerned about the long-term emotional scars that she may carry.

[00:06:15]I wonder how this will experience how this experience will shape her sense of safety, her relationships, and her future.

[00:06:22]No parent should have to question whether their child will carry lasting pain from something that they never should have had to endure.

[00:06:30]I also understand that the fear and that the anxiety that I live with will not disappear overnight.

[00:06:37]This trauma has fundamentally altered me both as a mother and as an individual.

[00:06:44]And I am no longer the person I was before the abuse.

[00:06:47]I am forever changed.

[00:06:50]Your honor, I ask the court to remember that behind this case is a real child, a baby who is frightened, abused, and betrayed.

[00:07:00]I ask the court to fully understand the deep lasting harm that this has caused for Olivia and our family.

[00:07:07]She deserved to feel safe.

[00:07:09]She deserved to be protected. Instead, she was harmed in a way that no child should ever be harmed.

[00:07:16]The consequences of this abuse will affect us for far longer than this legal process.

[00:07:22]I thank you for allowing me the the opportunity to share the impact this trauma has had on our lives, and I hope the court's decision reflects the gravity of the suffering and the fear that my family continues to endure.

[00:07:34]Thank you.

[00:07:36]Thank you. Thank you.

[00:07:41]We'll mark that as an exhibit next in order which would be two.

[00:07:55]Your honor, other than that we would ask the state would ask to rely on the written memo memorandum that was submitted and we would reserve argument for the end. All right. That's the state's proof today.

[00:08:06]Does the defense wish to offer proof?

[00:08:09]Yes.

[00:08:10]All right.

[00:08:12]All right.

[00:09:03]Good morning, Mrs. Fuson. Good morning.

[00:09:05]State your name for the court, please.

[00:09:07]>> My name is Jennifer Fuson. And you are the mother of Sarah Fuson, is that right? Sarah's mom, yes. And where do you live? I live in Woodlawn, Tennessee.

[00:09:16]I've lived there my entire life.

[00:09:18]And how are you employed? I'm a school teacher, elementary school teacher. How long have you been a school teacher? This is year 28.

[00:09:28]Describe your relationship with your daughter, Sarah.

[00:09:33]When Sarah was born, she was the biggest gift in our life. I We just enjoyed um She was a sweetest child. She gained the nickname Sweet Sarah.

[00:09:46]Um everything about raising her was a joy to me.

[00:09:53]She's was actively involved in so many activities and so many things. We were actively involved in our church. And one of the greatest blessings was she was baptized at age seven.

[00:10:06]Um and that gives me lots of comfort.

[00:10:11]If you would describe for the judge the impact that this prosecution and trial has had on Sarah.

[00:10:20]The impact it has had on Sarah is great.

[00:10:24]Um from the beginning there was an immense amount of media and social media coverage because of who her father is.

[00:10:33]This caused extreme embarrassment and shame.

[00:10:37]I knew that that day January the 10th when when I came home from work and heard what Sarah's account that that very confident independent girl that we knew and raised was gone.

[00:10:54]As time went on, she felt that life had no meaning and like she had a gorilla on her back.

[00:10:59]She attempted suicide.

[00:11:02]We committed her to a mental hospital for a couple of weeks. She came home on lots of mind-altering medications.

[00:11:11]The medications would would change off and on. In the process, she's gained about 50 lb.

[00:11:20]When we got her kind of back a little bit mentally stable trying to get a new job was very embarrassing to say the least.

[00:11:34]She would attempt one after another.

[00:11:38]With the charges on her record, it would come back when they did a background check. So, she would get fired. And some of those firings were very very humiliating.

[00:11:53]During this period, I made sure Sarah was with me or someone at all times. I did not feel safe leaving her by herself.

[00:12:03]Everything is worrisome and extremely painful.

[00:12:11]Finally, she landed a job.

[00:12:14]She made friends.

[00:12:16]And she started thriving. But we knew this trial was looming over us.

[00:12:21]And she we were not going to get through this unscathed. Her anxiety was eating her up.

[00:12:31]The girl that you saw in court during the trial was ridden with anxiety and was not the same girl that I raised.

[00:12:42]It's the amount of pain all of this has caused has been a very heavy burden to live with and to carry.

[00:13:00]And we will continue to live with and carry this.

[00:13:04]Is there anything that you would like to say to the Hyde family? Yes, I would.

[00:13:08]I've wanted to speak with them from the very very beginning.

[00:13:13]I am so sorry for all of your pain and all of the trauma and all of the mistrust in society that this has caused you.

[00:13:25]I've tried. I wanted to from the very beginning to reach out. I was advised not to. I even wrote you all a letter.

[00:13:36]And I know it wasn't given to you.

[00:13:39]We do not as a family condone what Sarah did that day. We don't, but we do love our daughter.

[00:13:48]And just as you see anything your children do in life, you try your best to raise them and support them and get them through the hard things in life.

[00:14:02]I do know that Sarah did not go to work on January the 9th, 2023, thinking she was going to harm a child.

[00:14:12]I also know that Sarah did not think her actions at the time were hurtful.

[00:14:20]It was only when she saw herself on video that she thought, "Yeah, that that was rough."

[00:14:30]Sarah was raised in a home of public servants.

[00:14:34]She only wanted to serve others.

[00:14:38]She reverted that day back to the daycare training at nap time.

[00:14:43]She should have never ever and no one should ever work in a daycare where you are enclosed in a room with lots of children by yourself.

[00:14:57]Daycare system needs a big overhaul. Lot lots of training. Lots of supervision.

[00:15:04]And there should always be more than one adult in a class, regardless of the number of children in that room.

[00:15:13]Regardless of everything that you guys have been through and what we have been through, Sarah is not a throwaway person. She is kind. She is generous. She is loving.

[00:15:29]As her family, we need her. We depend on her.

[00:15:33]And we will have a big hole at our table and in our hearts until she is returned home to us.

[00:15:41]Thank you. Those are my questions.

[00:15:48]Thank you, ma'am. You may step down.

[00:16:13]Does anyone have any other proof?

[00:16:18]All right. An allocution statement will be allowed, so if she would like to come to the podium, or actually come to the witness stand. So >> [clears throat] >> You don't have to be sworn. This is an unsworn allocution, which you're allowed to make a statement without having to be at place under oath.

[00:16:52]Okay.

[00:16:59]Good morning.

[00:17:01]Go forward with your statement.

[00:17:03]I want to start by apologizing to Ms. James, the probation officer, about my comments about the case.

[00:17:09]I was still adjusting to jail and was going through a difficult time. That's not how I feel about the case.

[00:17:16]I never intended to hurt Olivia.

[00:17:18]I had been working at Tyler Town for 6 months when this happened.

[00:17:23]I loved my job. I loved the children, and I got along very well with the staff.

[00:17:29]I used to look forward to going to work every day to be with those children and be in the environment.

[00:17:37]I was always alone with six children in my classroom.

[00:17:44]Sometimes it was difficult to give one child the attention they needed when I had five others to care for.

[00:17:51]I find myself hurrying and multitasking all the time.

[00:17:56]It was also hard to give the new children the attention they needed to transition into the toddler room.

[00:18:03]I didn't realize I was being rough with the Olivia in the moment. I recognize that I was rough with her and regret my conduct.

[00:18:12]To Olivia and her parents, I am so very sorry that this happened and what this has put your family through and the trauma that Olivia had to go through.

[00:18:25]If I could go back and make this right, I would have been calm and gentle as usually I was and not rough.

[00:18:33]I love children and animals, and it is not in my nature to be rough.

[00:18:40]I hope someday that Olivia and her family can forgive me and we can move past this.

[00:18:46]I want to thank my parents and my family for supporting me and standing by me through this very difficult process.

[00:18:53]Thank you.

[00:18:54]Thank you, ma'am. You may step down.

[00:18:57]>> [clears throat] >> We do not have any additional State have any rebuttal proof that we should offer?

[00:19:08]No.

[00:19:08]I'll hear your argument.

[00:19:12]You wish to make any argument?

[00:19:15]Appreciate your honor here.

[00:19:26]So, as it relates to enhancement factor four that the state um included in its memorandum, uh see the response from uh Ms. Fuson that we received yesterday.

[00:19:39]Um we think the language in the Adams court is clear. Um the court states that the vulnerability enhancement relates more to the natural physical and mental limitations of the victim than merely to the victim's age, and we state submits that in this case we're dealing with a 13-month-old victim that did not have the ability to resist in any way.

[00:20:01]She didn't have the ability to tell someone and ask for help. Nor did she have the ability to testify as to what occurred at a later date, which is what the language that is cited in the Walton case as well that the state included it in its memorandum.

[00:20:16]Um as far as enhancement factor 14, we think the language in that is clear.

[00:20:25]Um says position of trust or a professional license, we submit that Ms. Fuson was in a position of trust.

[00:20:35]No greater trust than caring for that of someone else's children.

[00:20:39]Um we submit that enhancement factor 14 does apply in this case.

[00:20:44]And the same with enhancement factor 15, we think the wording of that is clear as well.

[00:20:50]States that this occurred on the grounds of a pre-kindergarten through grade 12 while children were present. The proof showed that this occurred on the grounds of a pre-kindergarten while children were present. It doesn't mention anything about it has to be an attack [clears throat] on the school itself. It just says while they're present, that's what occurred in this case.

[00:21:08]We think all three enhancement factors apply and we'd ask that your honor include those in your consideration.

[00:21:15]Thank you.

[00:21:18]Reuben.

[00:21:33]Good morning, your honor. Good morning.

[00:21:34]Feel this longer.

[00:21:40]Sentencing spread for class A felony.

[00:21:44]I know there's another count, but we're here to talk about the class A felony.

[00:21:51]That's the sentencing spread is 15 25 years.

[00:21:57]Under recent amendments to the law that apply in this case, it is a 100% There's no parole.

[00:22:05]There are no credits.

[00:22:07]Serve every day.

[00:22:11]My position is pretty simple.

[00:22:14]The government's pleadings say they want a sentence more than 15 years.

[00:22:23]They haven't said what number they want, but they want it more.

[00:22:28]I think that a sentence of more than 15 years is brutal, unnecessary, and inconsistent with the sentencing law.

[00:22:37]I want to think about 15 years for a minute.

[00:22:40]Think everybody on this side of the table went to college, most of us.

[00:22:45]That's 4 years.

[00:22:48]15 year sentence is four times being in college.

[00:22:55]When you put it in real terms of spending time, it's forever.

[00:23:01]College was an education and for most of us for most of it it was having a good time being in prison for 15 years is being locked up in a cage.

[00:23:11]I was at the penitentiary at the women's prison 4 days ago over here.

[00:23:16]There's barbed wire everywhere, silent as a tomb.

[00:23:21]We don't throw sentences around like candy anymore.

[00:23:26]There's no such thing as a mid-range sentence to make everybody happy at one end or happy at the other end.

[00:23:34]We We are talking about real years here.

[00:23:40]State sentencing memorandum focuses on the aggravating factors which I'll address in a moment.

[00:23:47]But there are other important parts to the sentencing statute. It's no secret that I served on the sentencing commission.

[00:23:56]And I was vice chair of the sentencing commission for years.

[00:24:03]Sentencing commission was necessary because our case our statutes were in horrible disarray.

[00:24:11]Sentences were completely out of whack and we wanted to bring some order to things.

[00:24:16]So let's talk about the vulnerability of the victim.

[00:24:21]It is an element of the crime.

[00:24:26]The element of the crime was enacted as Haley's law back in 19 2025 when they enhanced it by children under eight who who suffer severe abuse.

[00:24:42]That's the point of it.

[00:24:45]To say that this child was severely injured or whatever is an element of the crime. There's no other way to talk about it because they had to prove severe injury. They had to prove that the child was under eight.

[00:24:57]This is the same exact thing.

[00:25:01]And if it does apply, it is so close to an element of defense, it runs the risk of double counting.

[00:25:10]So, I suggest that factor is off the table.

[00:25:14]Now, the next factor is that this happened in a place where there's children.

[00:25:19]It duplicates the position of trust factor. She had to be there if she's in a position of trust to be a daycare operator. She had to be there for this thing to have even occurred.

[00:25:32]That particular enhancement factor is designed specifically, we read it common sense, of people that go to schools and have school shootings and harm the school as an entity. That's the whole point of it. It's a absolutely appropriate enhancement factor.

[00:25:50]Totally, because if some person shows up at a school and start shooting the place up or committing violence in a school where there's kids and stuff, of course that needs to apply. That's not what happened here.

[00:26:02]The aggravating factor needs to be read with a dose of common sense. That's the whole point of it. That's why it's there, and it duplicates the position of trust factor. So, I suggest that's off the table. It just not applicable here.

[00:26:16]And if it is, it's de minimis because it's not what it's designed for.

[00:26:21]And then we talk about the position of trust.

[00:26:27]She was not licensed.

[00:26:29]She was in a position of care of these children, and yes.

[00:26:34]So, I suggest that that position that enhancement factor may apply to some degree because she had care of the children.

[00:26:43]I was not unmoved by the mother's testimony at what happened to her child that she put her child in the care of the daycare and my client. So, is there is there a is there a position of trust there? To some degree, there is.

[00:27:06]I don't want to be disingenuous and say that it's an irrelevancy. Of course, it is.

[00:27:11]But, I suggest that it duplicates the other factors to where they don't apply.

[00:27:15]So, we're just dealing with the one situation. But, think about this offense could not have occurred unless she was in that particular position.

[00:27:28]So, it's duplicative.

[00:27:31]Now, let's talk about the mitigation, which the we have to consider because you consider the aggravating factors and the mitigating factors.

[00:27:45]The mitigating factors are abundant.

[00:27:48]My client had I don't think it ever been arrested in in her lifetime.

[00:27:53]No prior record at all. This event occurred on one occasion.

[00:27:58]And not like the many child abuse cases that your honor sees, where it goes on for weeks and months and years.

[00:28:04]It's an it's an isolated event.

[00:28:07]This are those of mitigating factors there.

[00:28:11]The fact that she commit tried to commit suicide.

[00:28:14]The fact that she was despondent over what she had done.

[00:28:18]Is huge mitigation in the case and detracts from whatever abuse there exists.

[00:28:28]And so, I suggest that when you consider all this mitigation involved in the case, that it 15 years is is the appropriate sentence.

[00:28:41]Now, there are other factors that the court would want to consider.

[00:28:48]When the statutes were enacted, they were 30% 35% for range one offenders, which she is.

[00:29:00]The sentencing grid was designed for parole.

[00:29:04]That's the way it was. So, when you have a sentence of class A of eight to 15 to 25 years and there's a 30% parole, the courts would consider parole as part of it. Even if you gave the minimum of 15 and the person be eligible after five.

[00:29:24]But now the sentences are at 100%. The sentencing mindset that we had five years ago isn't applicable today.

[00:29:34]Our sentences have gotten inflated.

[00:29:37]But there's no change in the sentencing lengths.

[00:29:41]It doesn't work the other way, unfortunately, when the sentences are at 100%.

[00:29:46]So, we don't have to talk about the fantasy that we engaged in where you say, "Well, you give somebody nine years and maybe they'll be out in three and maybe they won't." So, maybe we can just adjust the sentence accordingly. This is real time.

[00:29:58]It's just like the federal government.

[00:30:00]When we they Mr. Strines and I go to federal court, it's 100% over there, too.

[00:30:06]But the federal government had some common sense, if you can believe that, they reduced the sentence lengths to account for doing away with parole.

[00:30:16]And we engaged in other madness in our state where we left the grids the way they were and went up there. This is not the time or place for me to complain about that.

[00:30:27]We'll pay the price for that one day.

[00:30:30]And there'll have to be another sentencing commission to undo all this mischief. But the problem is your honor is imposing a sentence today that's 100%. That will not change.

[00:30:45]We incarcerate more women in this country than any other country in the world with the exception of some Middle Eastern Middle Eastern countries that actually kill women.

[00:30:58]The purposes of the sentencing and the guidelines must be considered. Your Honor knows that. The court's going to articulate that. Let's talk about that.

[00:31:08]The statute says under 102 must be imposed that is justly deserved in relationship to the seriousness of the offense.

[00:31:17]Justly deserved. Why in the world does this girl need more than 15 years at 100%?

[00:31:26]The law also requires elimination of unjustified.

[00:31:30]Punishment must consider restraining defendants with a lengthy history of criminal conduct.

[00:31:38]That doesn't have We not have that.

[00:31:42]This Fuson does not have any prior history.

[00:31:45]Next, the court has to consider whether other measures less restrictive than confinement have been applied unsuccessfully.

[00:31:52]She's been on probation five times.

[00:31:55]Violated them. Of course, the court would consider that. So, we've tried everything we can. Your Honor does that every day.

[00:32:01]That's not what we have here.

[00:32:07]And most importantly, the sentencing principle says the sentence imposed should be no greater than that deserved for the offense committed. That's the so-called parsimony provision. The least possible sanction.

[00:32:22]No greater than that deserved.

[00:32:25]We have to balance everything.

[00:32:28]Why in the world should this woman deserve more than 15 years in hard labor in prison? In 15 years, Your Honor, nobody's going to care or know. Are we now having inmates perform hard labor like chain gangs in the prison system?

[00:32:43]>> No, they don't. But that's what the statute said. They get The statute said you got to give them a Bible. That they're supposed You know, they have these archaic >> I just didn't know when you mentioned 15 years of hard labor that that was actually an accurate representation of our prison system.

[00:32:57]>> not any Well, I understand it's an eloquent reference to other images that create by that we create by putting people in prison. But go ahead. I'm sorry. Your honor, I don't want to go too far afield, but I have had constant calls of prisoners being subject to abuse and killed in prison.

[00:33:16]I understand that prison is not a pleasant experience. It is it's without using profanity in the court, it's heck on earth.

[00:33:24]It's a terrible place. It may not be hard labor per se, but it's a hard life.

[00:33:29]People are extorted like crazy over there.

[00:33:33]Um anyway, but I mean this The original statute says you got to give them a Bible and you're supposed to do all that. But it's not a good place. It's a terrible place.

[00:33:44]Um so I suggest the least of your version is 15 years. Now, I want to talk about the offense a little bit. I wasn't here for the trial.

[00:33:53]The offense is aggravated child abuse. It's the one offense that required commit knowingly.

[00:33:59]Now, knowingly, we know what knowingly means for murder.

[00:34:03]We know what knowingly means for most offenses. You mean you have to intend the result.

[00:34:07]Child abuse can be committed effectively in a reckless mens rea because it's objective and subjective.

[00:34:14]You're aware that you're hurting a child or you should be.

[00:34:19]That's the definition of knowingly. We have a separate definition of knowingly for child abuse.

[00:34:25]So, if she said I did not knowingly intend to harm this child, that's true.

[00:34:31]But she did nevertheless. But she was acting in a reckless way because the statute said should have known. And should she have known that she was harming this child? I suppose so.

[00:34:43]But I suggest this is much different than the child abuse cases that your honor sees where the child is being shaken all right to the point of death.

[00:34:53]And it's they know what's happening and they intend to harm the child that she didn't intend to harm.

[00:34:59]I suggest that should be weighed in the balance as well.

[00:35:02]It doesn't diminish the pain that the parents feel.

[00:35:07]But it's not the intense tension of crime.

[00:35:11]Now, let's talk about 40-35-210.

[00:35:16]Says that the minimum sentence within the range of punishment is the sentence that should be imposed because the General Assembly set the minimum sentence for each felony class to reflect the relative seriousness of each criminal offense of classification.

[00:35:33]That's what it says the minimum sentence should be. Is child abuse aggravated child abuse serious? Absolutely.

[00:35:41]But the statute puts it 15 years for that.

[00:35:46]Because it's serious, but that's what the statute says.

[00:35:49]And then you weigh the aggravating and mitigating factors, but I suggest that this is not that complicated.

[00:35:56]That's what the statute says it's the minimum sentence. That's what the legislature said.

[00:36:04]Then you all have to consider how long a defendant's going to serve before becoming eligible for release.

[00:36:10]40-35 says the court must place on the record the estimated number of years and months the defendant will serve before becoming eligible for parole. It's truth in sentencing. So, when you impose a sentence you say, "Well, everybody, we think she'll be eligible for parole after 30% or 40%."

[00:36:28]You have to consider that and tell everyone it's 100%.

[00:36:33]But you consider that as well.

[00:36:36]And then you have to consider the evidence on the pre-sentence report and the strong R. What is a strong R?

[00:36:44]It is a risk assessment. This risk assessment is a low.

[00:36:49]That is a factor the court will require to consider by is she a threat?

[00:36:54]No. She'll never work in a daycare center ever again in her life. She'll never be near children in the rest of her life.

[00:37:02]Impossible.

[00:37:04]Her risk is low. Is that a mitigating factor? Of course.

[00:37:08]If it was high, the state would be up here saying and waving it around.

[00:37:12]They're not.

[00:37:16]This is not an issue of how tough we can be or what it looks like or making one side happy. Let's look at the person as an individual and ask what is deserved.

[00:37:27]Locking this woman up in a cage for more than 15 years, I suggest the state suggests their position is unconscionable, inconsistent with notions of mercy.

[00:37:42]And please do not think what the government will come back up here and say, "Well, what's another daycare worker going to say?

[00:37:49]I can abuse this child all I want because I'll just get the minimum sentence of 15 years at 100%."

[00:37:57]That's not They're not going to say that.

[00:38:01]The deterrent effect of imposing sentences diminishes to insignificance after 5 years.

[00:38:10]Any sentence of more than 5 years, except for maybe for murder, the deterrent effect doesn't have any more effect than that.

[00:38:18]The numbers become unreasonable, have no added deterrent effect. So, why say 16, 17, 20 years that we're going to deter this sort of behavior? 15 years will deter any human.

[00:38:30]For all those reasons, I'd ask this person here is a human being.

[00:38:37]These laws were designed to reflect a sentence for her.

[00:38:44]The indictment is the state of Tennessee versus her.

[00:38:51]And the court is the arbiter of what that sentence should be. That's why we have judges.

[00:38:56]Sentencing guidelines are advisory.

[00:39:00]But at the end of the day, it's a very human experience.

[00:39:04]15 years at 100%.

[00:39:07]I never thought I would stand in a courtroom in this state and say this is justice.

[00:39:12]That's where we are today.

[00:39:14]No sentence more than 15 and would be inconsistent.

[00:39:20]And I thank you, Your Honor.

[00:39:23]The order of Mr. Moore.

[00:39:34]With all due respect to counsel, and and I've been around for a long time, and I've heard this before, and perhaps it should be addressed to the legislature.

[00:39:48]But that's not where we are here today.

[00:39:52]Your Honor, presided over this trial, you've heard all of the evidence, read the pre-sentence report, considered the statements and testimony here today.

[00:40:02]And on behalf of the state of Tennessee, I would submit that yes, at this point in our history, the legislature for some crimes has decided that yes, a person must do real time for a real crime.

[00:40:18]And this was a real crime.

[00:40:22]Whose effects will last far beyond 15 to 25 years. The state submits that the enhancement factors that we argued, the General Holder argued, are present.

[00:40:38]Case law, yes, it's under eight, it's not double counting because a 6-year-old or 7-year-old can come in and testify about what happened to them. That's the entire reasoning for the State v. Adams and the cases that followed. That's been for 20, 30 years.

[00:40:55]At least.

[00:40:57]Happened on a pre-K. There is no dispute about that. Not that, "Oh, this enhancement factor applies if it is on the grounds of a pre-K and committed by someone who has a firearm or someone who is shooting or killing."

[00:41:12]No.

[00:41:13]No. Legislature could have done that, and they may well do that and they've added enhancement considerations uh before, but that's not what this one says.

[00:41:26]And obviously this was you see where Ms. Fuson that child was placed into her care, custody, and trust.

[00:41:41]She betrayed that trust as we have seen time and time again.

[00:41:51]The arguments for sympathy and mercy in this case, I submit, are not and should not be well taken because of the facts of this real crime.

[00:42:08]State certainly submits that whatever sentence your honor imposes will be based upon the law and the evidence, consideration of all the factors.

[00:42:18]But on behalf of the state of Tennessee, Olivia Hyde, family, the state does sincerely believe this should be more than the minimum sentence. Thank you, your honor.

[00:42:36]Well, any court that has to impose a sentence in a case like this is required to follow, as has been pointed out by both sides, the considerations and the guidelines that our state legislature has put in place to govern the sentencing in criminal cases.

[00:42:52]Those sentencing considerations are set forth in Tennessee Code Annotated 40-35-103.

[00:42:58]And those that provision states the following: To implement the purposes of this chapter, the following principles apply.

[00:43:05]Sentences involving confinement should be based on the following considerations. Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct.

[00:43:15]Confinement is necessary to avoid depreciating the seriousness of the offense, or confinement is particularly suited to provide an effective deterrent to others likely to commit similar offenses, or measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant. Obviously, this, as has been pointed out, is a case that requires whatever sentence I impose, the minimum sentence is 15 years, and the service is 100%, meaning he she's not eligible for parole at any point in time.

[00:43:49]So, some of those considerations are not really relevant. Obviously, the only one this court would be inclined to consider of those factors would be that, you know, it is in this court's opinion important not to depreciate the seriousness of the offense of aggravated assault against a minor child of 13 months.

[00:44:12]Um, but the rest of those factors don't really apply in this case.

[00:44:16]The sentence imposed should be no greater than that deserved for the offense committed. Um, Mr. Rabin makes an eloquent argument about the fact that the our set state legislature and the sentencing guidelines are that the minimum sentence is the sentence that should be imposed unless there's some basis for not doing so. But that's why I'm we consider the aggravating and mitigating factors uh to help determine whether the minimum sentence is the applicable sentence.

[00:44:43]Inequalities in sentences that are unrelated to a purpose of the chapter should be avoided.

[00:44:48]The sentence should be uh should be the sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed. It goes on to talk about the potential or lack of potential for rehabilitation or treatment of the defendant should be considered um in determining the sentence's alternative or length of the term to be imposed.

[00:45:08]Um, so those are just some of the factors that I'm required to consider. The first thing I'm required to do then after that is to consider uh the range of uh of the defendant as a criminal offender. And there's no dispute about the fact that she is a range one offender, which means that the range of sentence for count one, which she was convicted of aggravated child abuse, is uh 15 to 25 years and that range of sentence for count two, which is child abuse, and that is a range of two to four years because it's a class D felony.

[00:45:45]Um, then the court has to look at the mitigating and enhancing factors in order to determine whether or not the minimum sentence should apply or whether or not there a a greater sentence should be imposed. Um, before you do that, it's important to remember that and I know Mr. Raven was not here for the trial, but um this court has observed this uh trial from the very beginning, and uh listened to the testimony, listened to all of the medical proof that was um provided.

[00:46:16]I have reviewed that uh video, watched the video that was provided at court. Um and I think the jury did, too. And I think the jury not only watched it, but they watched it very intently, because they during deliberations came back and asked to speak to see another portion of that video that more or less highlighted the area that uh of concern regarding the injury to the child's head.

[00:46:42]And as a result of that, um the jury found that that the defendant had committed the offense of aggravated child abuse.

[00:46:51]The >> [clears throat] >> the factors are, of course, not the factors, but the evidence also substantiates that she had um abused the child by the bruises on the child's arms, that which is what the triggering effect or the the first noticed to um the mother in this case was that there were bruises on her child's arms, and Ms. Hyde then inquired as it brought that to the attention of the daycare, and the daycare pulled the videos to start looking, and they themselves um alerted uh law enforcement, in other words. So, it's important to note that not only did the mother have concerns, but the but the daycare operator, the management of the daycare, thought there was great enough concern after watching the video that they allowed it alerted law enforcement. So, um we can minimize some of the factors that that uh we want to, but there's no question that there was evidence at this trial um that this child was harmed. I know the defendant um has argued from the beginning that she didn't really hurt this child in a in a severe way and has argued that through medical testimony of her own expert witnesses that the child was not actually suffering a an injury to her skull and that there was no skull fracture that occurred.

[00:48:12]But Dr. Laken was the testimony of the state's witness and she testified that there was both a concussion and a probable fracture of the skull and that it did amount to a severe child abuse and the jury considered all of that testimony of all of the expert witnesses and they found that in fact this the defendant had committed the aggravated child abuse.

[00:48:37]Now, >> [clears throat] >> looking then to the aggravated and mitigating factors that I'm required to consider.

[00:48:47]State argues in their sentencing memorandum that the first consideration is the victim of the offense was particularly vulnerable because of age or mental disability.

[00:48:57]And that as the defense points out, it it is um the statute we're dealing with that she was convicted of does make it a much more severe crime when it is a child below the age of 8 years and as a result of that the age of the child is a factor that's part of the element, if you want to call it that, of the crime for which she was convicted.

[00:49:19]Um I understand the state's argument that that there is a basis for considering that no matter when the child is particularly unable to resist the crime, summon help or testify at a later date, but I have to agree with Mr. Raven that I think the statute the way it's worded currently would exclude considering that one in a case where the child is 13 months old and as a result of that, I do not find that a victim of the offense particularly vulnerable because of age or mental disability is a factor I can consider.

[00:49:52]Clearly, it is the fact, but it's not a factor that I consider as an enhancement factor when the the statute is um been a has been amended to make the crime of abusing a child under the age of 8 years to be a minimum class A's of class A felony with a minimum sentence of 15 years at 100%.

[00:50:16]So, I've um out of an abundance of caution ruling that number four does not apply.

[00:50:21]Number 14, that the state says the defendant abused position of public trust uh or private trust or used a professional license in a manner that significantly facilitated the commission or fulfillment of the offense. That statute does not require that the defendant have a a particular license, nor that she be some professional individual um that uh in in my opinion, at least we have found people who are guilty guilty and that was an enhanced the provision when they were just some family member that provided care, but they they violated position of trust.

[00:50:57]And that's of course a finding there is no greater position of trust that we can put um a person in than to provide care for a minor child. You know, we have a society that people have to work uh it's a two household uh family that has a two-income household almost to make ends meet. So, they have minor children, they've got to have a way to provide care for those children. And when that is the case, they place those children in a in the care of some agency or some individual. And when you drop your child off to a a child care um person, there is no greater trust that you place in an individual in any way than the trust that you place in that person that they will not only provide care for the child, but that they will not harm the child.

[00:51:45]Um it's one thing to negligently allow a child to be injured, it's quite another when the provider of care is the person who actually provide who causes the injury to the child. Um, so I do find this is a position of trust and that that factor would um factor in as an enhancement provision.

[00:52:06]And [clears throat] I think the defense's argument that she was only in a position of authority is is not relevant, nor do I think that the fact that that she didn't have a license and that she was monitored um really applies because that monitoring didn't prevent her from causing the injury to this child. Uh they had the monitoring, they had the video, and she still caused the injury.

[00:52:29]Um the last one is that the defendant committed the offense on the grounds of the facilities of pre-kindergarten through 12 public or private institution learning for minors are present. Um I understand Mr. Raven's argument, and Mr. Raven obviously had some involvement in some of the uh sentencing uh as as a participant, um but the way the statute is reading right now, it doesn't distinguish. The stat The legislature could have distinguished it and said this is only applicable to those instances where people commit violence against schools and so forth.

[00:53:02]Um but it is not worded that way, and so the way it is worded uh fits this case.

[00:53:09]The offense was committed on the grounds of the facilities of a pre-kindergarten, and that's where we are. So based on those factors, I find that both of those factors are applicable in the case.

[00:53:20]Um the defense has filed >> [clears throat] >> uh mitigating factors, and they argue that Sarah Jo Fuson's youthfulness at the time of the offense is a factor that the court should be considering. That actually is um I think it is uh number six, the defendant because of youth or her age lack substantial judgment in committing the offense. Now, I think it's important to read that language of that mitigating factor because it it This is not a situation She was a younger person, but she was 22 years of age and she had attended college, had an associate's degree, if I recall correctly, already at that point, had worked in uh daycare operations in the past. So, this is not a situation where she was barely 18 years of age and with no life experiences. So, I do not find that that uh that is a factor that uh would apply because of her age that she lacks substantial judgment in committing the offense. She should have known better based on her experience, if nothing else.

[00:54:23]Um [clears throat] the second is um that they've cited is they she lacked a sustained intent to violate the law.

[00:54:33]And that one is basically that the offense was committed um Uh let me find the language.

[00:54:41]That she committed the offense um under such unusual circumstances that it uh indicated there was no sustained intent to Here it is, number 11. The defendant, although guilty of the crime, committed the offense under such unusual circumstance that it is unlikely that a sustained intent to violate the law motivated the criminal conduct.

[00:55:07]There is some argument to be made that this is an isolated event.

[00:55:12]But, when you read when you review that video, um this child came into this room the very first time, and that was her very first day there.

[00:55:21]When you review the video, when they set this 13-month-old infant at a table, as Ms. Fuse does, and then she goes over and sits and starts stroking her hair and looking at her phone. As the child starts to be uh unsteady at the table, She goes over, grabs her up, sits her down and forcefully into the the chair, which is in this court's opinion, and I think the jury agrees, where the bruises to this child's arms likely occurred. When she grabbed her by the arms and set her down.

[00:55:51]She then went on >> [clears throat] >> and uh the video goes on to nap time.

[00:55:56]And the nap time portion of the video shows that she put the child on a cot.

[00:56:02]And the cot had a hard plastic uh head piece, and then it had a screen or a net type uh a surface that was the sleeping area.

[00:56:14]Olivia, as a 13-month-old often do, raised up while Ms. Fuson was trying to get other uh cots out and trying to get other children uh ready for the nap time. She went back and she uh pushed her down and covered her up. And that repeated itself.

[00:56:33]On the eighth time that she uh pushed this child down and then as she did so, she did so more forcefully with each of those uh situations. With the eighth time that she did it, she did it with such force that in this court's opinion, and I think the jury agreed, it uh struck this child's head against the plas- the hard plastic surface, and the child remained motionless. Now, I've seen the letters uh that the family and and friends have submitted and where they make the argument this child wasn't harmed and the child moved in some way.

[00:57:08]Um but Dr. Lakyn observed that test observed that video, observed the uh child's behavior and uh Ms. Fuson's behavior. And at that point in time, Dr. Lakyn said this child was unconscious.

[00:57:22]And people who are unconscious may twitch or do something like that, but they don't You don't see a 13-month-old who is raising up, raising up, active, active, and then suddenly stops and is completely motionless for 35 minutes only because she was forced to to this to the bound. At least not in this court's experience. And so as a result of that, um it is my opinion that there was a sustained intent to abuse this child as demonstrated from the behavior of starting with the slamming the child down at the table, putting bruises on the child's arm, and then eight times that she forced this child's head down on that. So, I do not find that that factor is a mitigating factor as well.

[00:58:09]The third one is the kind of catch-all, which is the work ethic and family contribution.

[00:58:15]And there's no question and the family has supported Miss uh Miss Fuson. They have been here before her during the trial. They have repeatedly [clears throat] supported her and shown um you know, that uh support. And in the letters that they have submitted, and I've read them all, those letters are basically talking about what a good person she is and how she's cared for other children and she's done things uh for the family. Unfortunately, some of those also mimic the defendant's own position about the fact that this child wasn't really harmed and how unfair this process was and so forth.

[00:58:52]But I think that there is proof that would sustain that as a mitigating factor. So, I do find it that that factor would have be applicable in this case.

[00:59:01]So, it boils down to the court to make a decision regarding the sentence.

[00:59:06]This court observed this trial. I I observed the defendant's >> [clears throat] >> behavior during the course of the trial and and uh her testimony from the stand during the trial.

[00:59:17]I'm not sure that I have uh before today, I didn't see any indication that Miss Fuson accepted any responsibility for this. In fact, to the contrary, she not only didn't accept responsibility for her actions, she minimized those actions, she gave excuses for those actions, she talked about how badly she was being mistreated and how unfair things were.

[00:59:41]I think it's instructive, even though this has been made an exhibit, that when the presentence report was prepared, it's an opportunity for a defendant to give their version of the events.

[00:59:52]And when our [clears throat] officer the probation officer went to Ms. James went and talked to her and took her presentence report and gave her an opportunity to be heard. Here's what she said.

[01:00:06]"It was O's first day in my classroom and I was having issues with her sitting up in her chair at breakfast time. So, I quickly yanked her back in her chair to keep her from falling to the floor.

[01:00:17]The second video is at naptime and I was trying to get her to lay down. She wouldn't, so you can see me laying her down several times and some parts do look what did look rough.

[01:00:28]They say I caused bruises, but I also but also say I caused a head fracture. I made sure she did not hit her head and it was medically proven that she didn't have a skull fracture. But here I am in jail for for it when it's not what it that was. It was a wormian bone.

[01:00:46]Then during the interview on November the 13th of 2025, the defendant reported that she was not frustrated during the incident and was only trying to keep the child from falling out of her chair during feeding and trying to get the child to take a nap during naptime.

[01:01:01]On multiple occasions, the defendant made the statement and I'm going to quote it exactly as it's written.

[01:01:07]"I shouldn't Well, I'm going to say that. I shouldn't effing be here.

[01:01:11]I didn't do anything." She also stated she had talked to friends and plenty of them say they have handled their own kids that way. She stated that the victim's mother is a liar.

[01:01:25]And that the child was found the next day and that she brought her to the daycare and handed her to the defendant.

[01:01:31]She reported they lied in court and the child had no fracture on her skull. She stated the bruising on the child's arm just looked like a rash.

[01:01:40]And that her, the defendant's family, is {quote} pissed because she shouldn't be there and she didn't do anything.

[01:01:47]She reported she wasn't allowed visits at the jail and that her family needs to sue the jail so she can get out of there.

[01:01:54]She also discussed how the food sucked and she really wanted a Dr. Pepper.

[01:02:00]The interview became solely focused on how this incident has affected the defendant with no concern for the child.

[01:02:06]That is the pre-sentence version of the events that Ms. Fuson gave. Now, today we saw a different side of her and obviously if anyone who has a good lawyer is going to tell the defendant that you've got to come forward and make an allocution where you show remorse.

[01:02:22]Um I just don't find uh in this court's opinion that her expressions of remorse um today are particularly sincere. I think they're motivated by good advice of of counsel as well as the fact that she realizes having said those things that those things can come back to bite her.

[01:02:43]Based upon all of the factors that the court has considered, my observations of the trial, the demeanor of the defendant both at trial and during her testimony, her statements in the pre-sentence report, uh and all of the other factors in this court, I'm of the opinion that as to count one of this indictment, the defendant should be sentenced to 20 years in the Tennessee Department of Corrections.

[01:03:06]Uh in count two, I find that she should be sentenced to four years in the Tennessee Department of Corrections and those sentences will run concurrently with one another.

[01:03:16]That is the judgment of the court.

[01:03:19]>> [clears throat] >> As to the motion for new trial, I know that there's already been a motion for new trial that has been submitted. Uh however, the court is of the opinion that state needs an opportunity to respond to that motion or to prepare for that motion. I'm here in January and we can set it for argument on January the I could be heard on issues regarding my Uh you want to be heard on the motion for new trial? Well, this is an this is a skeleton motion. I understand and I'm not holding you to it. I understand you have the right to amend it.

[01:04:03]>> Right, but what I wanted to do is set I wanted to deal with several things and I was wondering if my client could be brought back in Yeah, let's bring Officer Hal, if you'll bring her back in so she needs to be here for this argument.

[01:04:23]>> [snorts] >> You had filed, Mr. Rabinowitz, if you we can recover this cover this again whenever she comes out.

[01:04:52]You had filed a motion for her to be declared indigent for purposes of preparation of the transcript and I have signed that order.

[01:04:59]I don't know if it's been I've already signed the order and I'll hand it to the clerk to mark that filed. And you are on the record, please, for the record.

[01:05:11]The record for my client to return to the courtroom.

[01:05:14]Um this is pretty I don't have any problem finding that she is indigent because of the sentence that she's been imposed. Yes, your honor.

[01:05:28]All right. Um next as I do in these cases, the record reflects that I just I was just retained to do the appeal.

[01:05:38]What I do routinely in these kinds of cases is I file a skeleton motion for a new trial because the court's imposed sentence of 30 days is running right now.

[01:05:47]So, to stop the 30 days from running, I filed this skeleton motion for a new trial with leave to amend. There's no way that I'm going to intend to argue um the motion for a new trial until such time as I get the transcript. I've also filed a motion which the court has granted for her to be declared indigent but also for the court to direct that the transcript be prepared at expense, which I believe your honor has already signed.

[01:06:17]For me to do the real motion for a new trial, obviously, I have to have the whole transcript. State's opposed to that and they do that routinely.

[01:06:26]That's going to take several months.

[01:06:28]There are some evidentiary issues in here that I've got to look at. So, what I'm asking the court to do, the client's in custody is simply reset the motion for a new trial with leave to amend for June or July.

[01:06:43]Let me get this transcript typed up.

[01:06:45]Prepare whatever I need to prepare. Come back >> have a problem with doing that for him, Mr. Raven. That's I I think that's good lawyering on your part. Uh my only concern is >> [clears throat] >> that I have just had to deal with a motion for a new trial the same event.

[01:07:00]We tried the case in 2022.

[01:07:02]The defense lawyer requested filed a motion for a new trial but then requested to amend that motion for new trial upon the receipt of the transcript.

[01:07:10]Three years later he argued the motion for new trial. Um, even though I was the trial judge, my memory is is not bad but it's not good enough for me to remember every single detail of a trial three years ago. So, I'm glad to reset this unless the state has some opposition. Uh, we can set it. I think I'm here in June, May.

[01:07:31]We can set it for May at least for a status to see whether or not you've been able to get that that transcript. And uh, if you're ready If not, then we'll find another day.

[01:07:41]That's fine.

[01:07:42]>> don't want it to be years down the road.

[01:07:45]So, >> Your Honor, I do not do that. I >> Now, the difference in that was I think the defendant got probation in that case so they were in no hurry. Well, given given the fact that my client is incarcerated, I and I want to move this thing as fast as I can. So, I have no intention Well, let's set it your motion for new trial for status on the 13th 13th of May. May 13th if that's the date that's available for you. And as I say, if you if you're having trouble and our court reporter has many ca- we've tried about seven or eight cases in the last few months. So, you know, it may be difficult for her to get it in expeditiously get a copy of the transcript ready for you instantaneously. So, we'll see where we are in May. And just just for the record, what I normally do in these things is we just leave it for status.

[01:08:32]Once I get the transcript, obviously I have to read it, absorb it, and come up with the issues. Um, and then we'll just leave it there and then if I need additional time, I'll advise the court and we can just Well, as I say, let's look at it in May.

[01:08:45]Let us know if you need additional time and we'll certainly give you that opportunity. That's fine. Let Judge, if we That's fine. Um, You want to I'm going to have to turn on my phone to make sure I'm available that day. That's fine. You can just give me one more We have other dates in May. Um, we can set it if we need to, so.

[01:09:08]When We also have May 20th if the if the uh 13th is not available.

[01:09:20]Also, I'd ask you, Your Honor, when the court adjourns, if my client could be put in the back, Mr. uh Strickland I need to confer with her. As long as there's a room that we can allow that to take place. Thank you.

[01:09:33]Is that okay?

[01:09:41]All right.

[01:09:42]Anything else? Uh let me just check my date.

[01:09:55]What date was that, Judge? May?

[01:09:58]May 13th or May 20th? May 20th, let's do that. May 20th? Yes, Your Honor.

[01:10:04]More, Mr. Holder?

[01:10:06]Um And that'll be for status and I'll report in no matter where I'm going.

[01:10:09]Thank you. Thank you.

[01:10:11]All right. This court stands adjourned.