The last known person to see missing Haleigh Cummings alive made her case for a retrial.
Misty Croslin, formerly known as Misty Cummings, appeared Tuesday morning in St. Johns County Court to have her 25-year sentence for drug trafficking thrown out.
Misty Croslin, who is now 24 years old, has served six years of a 25-year sentence in St. Johns County.
Misty Croslin was watching Haleigh the night the 5-year-old disappeared from their Satsuma home in February of 2009.
Misty Croslin was arrested almost a year later in a drug sting.
Shortly after making her way into the courtroom shackled and wearing a navy blue jumpsuit, Misty Croslin took the stand in her own defense. She said Robert Fields, her attorney at the time, didn’t properly instruct her on her sentence of 25 years.
Misty Croslin said she thought she’d go away for six under the state’s youthful offender law.
St. Johns County deputies said surveillance video shows Misty Croslin caught in a drug trafficking sting and she was arrested just after her 18th birthday.
Misty Croslin and Haleigh’s father were sent to prison on drug convictions.
Hank Croslin Sr., Misty Croslin’s father, believes her prison sentence was too long. He said she is only there to provide an answer she can’t give, what happened to Haleigh?
Misty Croslin was babysitting Haleigh the night the girl disappeared. She has never been charged for her disappearance.
“Exactly. That's what this is all about. It's all about Haleigh, and Misty doesn't know what happened to Haleigh.
If Misty knew, Misty would've done broke a long time ago,” said Hank Croslin when asked if he believed she got a bigger sentence so they could keep Misty in prison asking her about Haleigh.
Hank Croslin told the courtroom that Fields told the family not to worry.
Assistant State Attorney Christopher France called Fields to the stand. Fields maintains that he kept Misty Croslin in the loop every step of the way and the two understood that with the sentence, she could have her life back after getting out of prison.
Fields said the charges could’ve added up to her spending the rest of her life behind bars.
“Misty can't handle prison,” said Hank Croslin. “It's getting to her.”
Hank Croslin added Misty Croslin needs to come, home because her mother is sick with liver failure.
“I miss my daughter. I need my family you know? She's not a bad girl. She never was. She's not a drug dealer. She never was a drug dealer,” Hank Croslin said.
There was no verdict, but both sides have until April 8 to file a statement that will serve as their closing statement and then the judge will make a ruling.
Cox Media Group