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Wesley Mathews pleaded guilty on June 24 to a lesser charge of injury to a child in Sherin's death and was sentenced to life imprisonment.
The Indian-American foster father of 3-year-old Sherin Mathews, sentenced to life in prison for the death of the toddler who was found dead in a culvert in 2017, has begun serving the jail term in Dallas.
In a motion for a new trial, Wesley's appeal attorney, Brook Busbee, states that the "photographs of the remains of the decedent, both where her body was discovered and in the autopsy suite" were so prejudicial as to deny Mathews a fair trial.
Three-year-old Sherin Mathew was found murdered and dumped under a culvert in Texas in 2017.
The Sherin Mathews case led to demands to change laws in both the US and India. In Texas, officials planned a 'Sherin's law' to punish parents who abandon minor children. In India, the government moved to tighten adoption procedures.
Wesley Mathews pleaded guilty to the lesser charge of 'injury to a child by omission'. It eliminates the prospect of receiving the mandatory life sentence without the possibility of parole, if he were found guilty in a full trial.
Sini Mathews was released from jail on Friday afternoon while her husband, Wesley Mathews, still faces a capital murder charge in the child's death.
Sini's husband Wesley is still in Dallas County Jail for capital murder linked to Sherin's death.
She has been released from jail.
The Abrahams, friends of Wesley and Sini, were among the first to receive a notice of cancellation of the OCI.