Lynn and Lindsey Maxwell will fight the appeal of their convictions from their jail cells.
Oswego County Court Judge Walter Hafner Wednesday said no to a request from their lawyer, Sal Lanza, to allow the Maxwells to remain free on bail during their appeal.
The Maxwells were sentenced Monday night to two years each in the Oswego County Correctional Facility for endangering the welfare of Lindsey’s daughter, Erin Maxwell.
Erin, 11, died last year in their Palermo farmhouse. A jury convicted Erin’s stepbrother, Alan Jones, in her strangulation murder. He will be sentenced in November.
The Maxwells were accused of endangering Erin by keeping her locked in her bedroom and by having her live in a home with dozens of pets, animal feces, and garbage.
They have maintained their innocence.
Lanza is appealing the convictions. He believes the Maxwells could not get a fair trial in Palermo and that they were scapegoats for Erin’s death when others, such as Erin’s teachers and relatives, knew about problems in the home. Prosecutor Mark Moody said Monday night that he saw no legitimate ground for an appeal and the responsibility for Erin’s welfare rested with her parents.
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