Lawyer says client who left son in hot car 'Is not a criminal'

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(WTVM) - An attorney representing a mother accused of leaving her 4 year old son in a parked car is speaking out.

Jim Sturdivant says Katherine Papke, 35, of Anniston, went to drop off her two daughters at school on Friday and worked through lunch before realizing she didn't drop her son off at daycare. Her son, Bennett, died in the hot car.

Papke is charged with manslaughter and leaving a child unattended in a motor vehicle.

Sturdivant says Papke made a mistake, but it is not criminal.

"This was an accident. It is an accident that my client will live with for the rest of her life, but it is an accident. It's not a crime. She didn't commit a crime, she is not a criminal," he says.

Papke called 911 when she found her son in the car. Sturdivanat says he'll likely file a motion to dismiss some of the charges in the case.

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