April 28, 2006 -- The state Court of Appeals has overturned the convictions of three family members sentenced to prison for the death of a 5-month-old Las Cruces girl.

The appeals court has also ordered separate trials for the child's father, Andy Walters; mother, Stephanie Lopez; and uncle, Steven Lopez.

The court found that their constitutional right to confront and cross-examine their accusers was violated when they were tried together in September 2003.

Brianna Lopez died July 19, 2002. Prosecutors say she'd been beaten and sexually assaulted. Walters and Steven Lopez were convicted of charges including child abuse resulting in death. Stephanie Lopez was convicted of negligent child abuse resulting in death.

Dona Ana County District Attorney Susana Martinez, who tried the case, disagrees with decision.

"It was a fair trial. The reason that I say that is because we complied with the rules as they existed under the law at the time," said Martinez.

Martinez said Friday's decision is a disappointment; however, if they have to try the case again they will.

Meantime, defense attorney Jose Arrieta represented Steven Lopez. He said separate trials would guarantee all three defendants would get a fair chance.

"I know it wasn't a fair trial. It was very difficult to defend your client when all these other statements are coming in and you have no control over it," said Arrieta.