FRUITPORT TOWNSHIP, Mich. — Prosecutors are seeking to charge Muskegon mother Sherry Leak with open murder in the death of her 11-year-old adopted daughter, Mialah Leak.
WATCH: 'She didn't deserve what happened': Birth aunt speaks out after Muskegon mom faces murder charge
Sherry Leak was charged with manslaughter in November and pleaded not guilty. Now, Chief Trial Attorney Matt Roberts says the open murder charge is based, in part, on the final medical examiner's report.
Roberts declined to detail what in the report will support the charge.
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Prosecutors previously said on Sunday, November 23rd, Mialah's 11th birthday, Leak sat on her until she lost consciousness.
Mialah died at her home in Clover Estates Mobile Home Park in Fruitport Township.
Around 5:45 p.m. that day, medical responders and the Fruitport Township Police Department were dispatched to the home. They found Mialah unresponsive and were unable to revive her.
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Mialah's birth aunt, Davida Jones, says she would find closure in a conviction.
"Justice, to me, will be Sherry in prison for murder," Jones said.
Jones says that although Mialah and her twin sister were adopted into the Leak family, they were still very much a part of her family.
"She was just so young and she didn't deserve what happened to her. No child ever deserved what happened to her," Jones said.
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Jones described Mialah as sweet, smart and beloved by family and friends.
"I want her to know that I really love her and that I'm so sorry," Jones said.
Leak is expected to be arraigned on the open murder charge at her next court appearance currently scheduled for March 23rd.
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