PORTSMOUTH, Va. — CORRECTION: This story has been updated to reflect that the charges against Dewanna Seward are not yet dismissed. A judge is considering a motion to dismiss the charges and will make a decision Tuesday.
All charges against a woman who ran a home daycare in Portsmouth are in question after a defense attorney claimed city prosecutors mishandled the case.
Dewanna Seward was arrested in August 2022 after an April 2022 townhome fire that left several children injured.
At the time, neighbors told 13News Now some had to jump from a window to escape. Firefighters reported rescuing two entrapped children, according to a press release issued on the day of the fire.
Last year, a grand jury handed down an indictment of 19 counts of child abuse and neglect, child cruelty and unlawful wounding charges against Seward. She pleaded not guilty to all charges in court on Thursday morning.
Seward’s attorney, Michael Massie, argued the Portsmouth Commonwealth’s Attorney’s Office acted with a lack of due diligence and care surrounding the case.
Massie repeatedly told a judge Thursday he never received a witness list. The prosecuting attorney said she did provide the defense a list but admitted the way it was written wasn't in compliance.
A spokesperson for the Commonwealth's Attorney's Office also sent 13News Now the following statement:
"The Assistant Commonwealth's Attorney handling this matter stated in court, as an officer of the court, that she provided a witness list to defense counsel in person, by hand in advance of today's hearing date. This office therefore disagrees with any representations to the contrary."
Massie also argued that the Commonwealth sent him thousands of pages of medical records in relation to this case on Monday, just days before the trial.
Acknowledging that the Commonwealth had not adequately prepared the case, the judge took a motion to dismiss under advisement and will make a decision on Tuesday. Both the Portsmouth's Commonwealth's Attorney and Massie have the opportunity to argue their position about the case before the judge decides if the charges will be dismissed.
If the judge dismisses the charges with prejudice, Seward cannot be reindicted on the same charges.
The April 2022 fire happened at a residence in the Charlestowne Condominiums off Greenwood Drive, where Seward operated a daycare business. She left the home for more than 10 minutes when the fire broke out, court documents say. Seven children were taken to the hospital, two of them in critical condition.
A spokesman with the Virginia Department of Education previously said they did not have a daycare license on file under Seward's name. Officials with the department said they recommended an investigation into the program when they learned she did not have a daycare license.