Charlene Childers’ effort to shorten her 28-year prison sentence now hinges partly on whether a Wayne County judge accepts her account of abuse after she acknowledged giving false testimony in the case that sent her husband to prison.
The admission came during an Oct. 15 resentencing hearing in Lyons, according to 13WHAM TV. District Attorney Christine Callanan used the proceeding to challenge differences between Childers’ current account, earlier statements and her testimony at Timothy Dean’s 2019 murder trial.
Childers, 33, pleaded guilty to first-degree manslaughter and second-degree criminal possession of a weapon for her involvement in the 2018 deaths of Joshua Niles and Amber Washburn. Niles, her former boyfriend, and Washburn, his fiancée, were killed outside their Carlton Street home in Sodus.
Her request for a reduced sentence falls under New York’s Domestic Violence Survivors Justice Act. The law allows an alternative sentence when a judge determines that substantial domestic abuse significantly contributed to a defendant’s criminal conduct and that the otherwise applicable punishment would be unduly harsh.
That places the circumstances behind the crime—and the reliability of Childers’ description of them—at the center of the hearing.
Prosecutor questions changing accounts
During cross-examination, Childers acknowledged lying under oath when she testified against Dean, her then-husband, 13WHAM TV reported. That testimony was part of the plea agreement under which she received her sentence.
She also acknowledged that the custody dispute involving her children was why she wanted Niles killed, according to the station.
Callanan questioned Childers about alleged abuse by Niles and compared her testimony with police reports and other evidence. Some reports documented abuse allegations while noting no physical evidence of a fight.
The prosecutor argued that Childers’ opportunity to receive a shorter sentence gives her a personal incentive to offer testimony that meets the law’s requirements.
Defense seeks consideration of abuse history
Childers has described alleged physical and verbal abuse during her relationship with Niles.
Her attorney, Alexandra Reed Harrington, said the resentencing law gives courts an opportunity to weigh domestic violence evidence that may not have been considered in earlier proceedings.
Harrington argued that considering those circumstances does not excuse the killings. Instead, the defense is asking the court to consider whether they should affect Childers’ punishment.
Callanan maintains that Childers does not qualify for relief.
An appellate court upheld Childers’ convictions and sentences in 2021. The current proceeding asks whether she should receive a reduced sentence under the domestic violence law.
The hearing was scheduled to continue Oct. 16 with a defense psychologist’s testimony. Childers’ request remained unresolved after the second day.
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