A story about a Harrisburg man who has been imprisoned for the death of his infant son.
Despite having accepted a guilty plea, he maintains his innocence.
Time is running out for his best chance to commute his sentence.
Laura, the wife of Tom Imschweiler, described it as her final attempt to capture his attention before he leaves the office.
In what she calls a last-minute Hail Mary, she sent a letter to North Carolina Gov. Roy Cooper, who is leaving office on January 1.
The passionate letter asks Cooper to commute her husband’s sentence, who is currently serving time in a North Carolina prison.
In July 2018, the young couple and their 5-month-old son, Franklin, went to the beach in Corolla, North Carolina.
Tom Imschweiler claimed that in the middle of the night, he propped the baby up on the couch while going into the kitchen to fix a bottle.
When he returned, Imschweiler discovered Franklin face down on the couch. The baby was not breathing.
Franklin died several days later. Investigators charged Imschweiler with felony child abuse after determining it was a case of shaken baby syndrome.
Imschweiler’s defense team claimed it was a tragic accident, and medical experts testified to that effect.
“I concluded Franklin died as a result of suffocation. “That is an unintentional death,” Dr. Mary Gilliland stated.
In her report, the pathologist noted that accidental suffocation can cause the same three symptoms as shaken baby syndrome.
Prosecutors had to make a difficult decision when they decided to move forward with their case.
“I couldn’t put my life in the hands of 10 or 12 jurors,” Imschweiler told News 8 earlier this year. “You know, even if I had a 90% chance of winning, what about that 10%?” That ten percent is something I cannot risk. I can’t risk it.”
Instead of facing a conviction and the possibility of life in prison, he accepted an Alford plea. It allows him to maintain his innocence while acknowledging that the state may have sufficient evidence to convict him.
He is now serving the fourth year of a five- to seven-year sentence for voluntary manslaughter. Only a commuted or pardoned sentence can release him from prison.
More than 38,000 people have signed a Change.org petition urging the governor to commute Imschweiler’s sentence.
Imschweiler gave birth to Emilia, his 3-year-old daughter, soon after receiving his prison sentence.
“He only wants to be home with Emilia.” He wants her to simply run into his arms. “He just wants to be a father,” Laura Imschweiler explained.
News 8 On Your Side contacted the governor’s office to inquire about the status of Imschweiler’s clemency request.
The response was a single sentence: “The Governor’s Office, including the Offices of Executive Clemency and General Counsel, thoroughly reviews all clemency petitions.”
Cooper has granted 20 commutations and 23 pardons during his eight years in office, including six this month.