The Third District court says police didn't violate Tammy Millerleile's constitutional rights in obtaining the statements.
The ruling overturns a decision by Judge Vincent Howard. He said police wrongly failed to advise Millerleile of her Miranda rights before questioning her about the death. Howard banned her statements from her trial on first-degree reckless homicide. The trial has been on hold pending the court's decision.
At issue is whether Millerleile was in police custody during the questioning or whether she voluntarily cooperated with investigators.
Court records say Millerleile told investigators she had shaken 14-month-old Jake Mentink in March of last year because he wouldn't stop crying. Millerleile said she then "plopped'' the boy on the floor and he eventually fell down the stairs.
The child died later at a Wausau hospital.
