Court upholds Gann’s conviction
MONTGOMERY — A former Red Bay day care worker convicted of manslaughter in the death of 4-month-old Autumn Wells will have to face her original sentence of six years in prison after a state court denied her appeal.
The Alabama Court of Criminal Appeals unanimously upheld the conviction of Payton Nicole Gann in a ruling issued on Friday.
Gann was sentenced in September 2025 after being convicted in June 2025 of manslaughter in the March 9, 2022, death of Autumn Wells at Tiny Tigers Day Care in Red Bay.
Prior to her conviction, Gann pleaded guilty to one count of false reporting to law enforcement.
During her trial, it was revealed that Gann left Wells alone for up to two hours after placing the infant on her stomach on a pillow. In accordance with state regulations for day care facilities, babies under 12 months of age are to be placed on their back when put down to sleep.
As part of her sentence, Gann is slated to serve five years in state prison, followed by one year in the Franklin County Jail.
In the latter stages of her trial, the Franklin County District Attorney’s Office introduced documents alleging the certifications required for Gann’s position had been forged.
In accordance with state regulations for day care workers, Gann was required to have 11 hours of health and safety train- ing, along with 12 hours of service training each year.
Evidence introduced during the trial revealed the certificates on file for Gann were forged, according to Child Care Central — the company tasked with maintaining such records.
Gann filed a motion for acquittal or a new trial due to her belief the introduction of the new evidence “called into question her right to a fair and impartial trial.”
The crux of Gann’s appeal focused on the claim the state “withheld exculpatory evidence” in violation of the legal statute known as a Brady violation, which occurs when the prosecution fails to disclose certain evidence in a timely fashion.
In her appeal, Gann argued her conviction should be reversed due to the inclusion of the forged documents, which she claimed she was not notified of beforehand.
However, during the trial, prosecutors questioned Gann about the forged certificates without any objection from her or her defense counsel, according to court documents.
The court also ruled Gann’s attorneys did not raise a timely objection to the inclusion of the forged certificates and therefore the basis for a Brady violation was rendered moot. Gann also claimed in her appeal the inclusion of the forged certificates on the third day of her trial “improperly influenced the jury when determining (her) guilt or innocence.”
The court again ruled against her, claiming the Franklin County Circuit Court handled the issue properly, which did not entitle Gann to relief on the matter.
Finally, Gann contended she was not allowed ample time to call witnesses or subpoena documents upon learning the prosecution planned to introduce the forged certificates as evidence.
However, according to the court’s ruling, Gann did not raise the issue during a hearing on the matter between her defense counsel, the prosecution and Franklin County Circuit Court Judge Brian Hamilton, which the court claims ended any contesting of the evidence.
