Basuta

Defendant Manjit Kaur Basuta was convicted of assault on a child with force likely to produce great bodily injury resulting in death. (Pen. Code, § 273ab.) Basuta was sentenced to a term of 25 years to life in prison. She appeals making numerous arguments, among them that section 273ab is unconstitutional, the trial court erred in the admission and exclusion of scientific evidence and expert testimony and in the failure to give various instructions. We reverse, finding prejudicial error in the exclusion of defense evidence and in the unlawful mention that a key prosecution witness underwent a polygraph examination.

Facts

A. Prosecution Case

1. The Death of Oliver S.

Thirteen-month-old Oliver S. died on March 18, 1998, in the San Diego Children’s Hospital.

On March 17,1998, Oliver’s grandmother took him, an apparently healthy and normal child, to a home daycare facility operated by appellant. Oliver had attended the facility since February 9, 1998. At 12:23 p.m., appellant called 911 and requested assistance, stating that a baby had fallen, he was choking and not breathing. Police Officer Jeffrey Dunn arrived shortly and was met by appellant’s housekeeper, Ana…