DALLAS (KRLD) - A Dallas County judge today gave back Sini Mathews' passport.
Friday, the state dropped its only charge against Mathews. She was arrested in November of 2017 in connection with the October 7, 2017 death of her 3-year old adopted daughter, Sherin Mathews.
The passport was initially confiscated when Mathews was arrested
Defense attorney Heath Harris says the judge had little choice but to return the passport
"That doesn't necessarily say that she's going anywhere," Harris said. "But if she wants to, she can. She's a free person."
Harris says attorneys are still researching whether Mathews has the legal right to visit her biological daughter. The child was adopted by relatives when Sini and husband Wesley Mathews were arrested. Harris says they don't want to make a legal mistake by reuniting Mrs. Mathews with the child when it might be in violation of a court order that the criminal dense team is not aware of. Harris says that would give the state another reason to re-arrest Mathews.
Wesley Mathews is still in jail on a capital murder charge.
Sherin Mathews was reported missing October 7, 2017. At first, Mr. Mathews suggested the child could have been carried off by wild animals. After her body was found in a culvert, Richardson Police say Mathews then changed his story to say Sherin had died while drinking milk.
Wesley Mathews was eventually arrested for capital murder. Sini Mathews was later arrested for child abandonment. The charge was dismissed by Dallas County prosecutors who said they did not have enough evidence to meet their burden of proof beyond a reasonable doubt.
Prosecutors want Sini Mathews to testify in Wesley Mathews' upcoming trial. Harris says the defense will fight the move on 5th Amendment grounds.