Texas Court Dumps Woman's Death Sentence By MICHAEL GRACZYK Associated Press Writer May 23, 2007, 1:26 PM EDT HOUSTON -- A sharply divided appeals court on Wednesday threw out the death sentence of a woman convicted of killing her newborn son. The court upheld the woman's conviction, but it said prosecutors misstated to jurors her likelihood of being a future danger to society before deliberations began on the sentence. Lawyers for the woman, Kenisha Berry, argued that she had no previous criminal record, and defense experts testified that she posed a low risk of being a future danger. The 5-4 ruling from the Texas Court of Criminal Appeals means Berry will serve a life term for the 1998 smothering death of 4-day-old Malachi, who was found abandoned and bound with duct tape in a trash bin. The case went unsolved for five years until Berry was identified as the mother of a newborn girl found alive but abandoned and covered with fire ants in a ditch in 2003. Berry, a former corre