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Mother accused of strangling infant with holiday lights leaves jail for 1st time since 2016

BREVARD COUNTY, Fla. — An Oviedo woman accused of killing her infant daughter left the Brevard County Jail Wednesday evening because of new evidence.

During an unexpected hearing Wednesday, a medical expert hired by prosecutors sided with defense attorneys, calling Mia's strangulation accidental.

Channel 9 was the only news organization to have a crew at the jail when Depasquale was fit for an ankle monitor and left after paying a $25,000 bail. She faces capital murder charges.

A Winter Springs woman who traveled to the jail to pick up Depasquale didn't comment on the woman's release.

"(In) the very initial 911 call, she indicated that her son, Mikey, came in through the room and he was sorry he hurt Mia," public defender Jeff Dowdy said.

"It is a material change in the case, and I think it's prudent for this court to consider that in determining whether Ms. Depasquale should continue to be held in the status that she's in," Assistant State Attorney William Scheiner said.

Depasquale's lawyers said Wednesday's development vindicated a woman who has maintained her innocence.

"She was extremely happy on the phone yesterday when she was told that today was going to happen -- tearfully ecstatic," public defender Jared Shapiro said.

Depasquale's lawyers said they plan to ask the judge to dismiss this case next month.

Her trial was moved to Brevard County because her father is a deputy with Seminole County.