BATON ROUGE, La. (BRPROUD) — Whitney Ard’s sentencing was postponed until Oct. 21. Her attorney had asked for a new trial Thursday morning, but that request was denied by Judge Louise Hines. Ard’s attorney felt she didn’t get a fair trial. "The state basically convicted Whitney with second-degree murder using a criminal negligence mens rea, meaning the intent was not there," said Attorney Sandra Page. In September, Ard was convicted of second-degree murder in the fentanyl-overdose death of her 2-year-old son Mitchell Robinson. Robinson was pronounced dead after being brought to the hospital in June 2022. According to the East Baton Rouge Coroner's Office, Robinson's death was due to acute fentanyl toxicity. Former BRPD officer Donald Steele case heads to State Supreme Court after another appeal Investigators said the boy was brought to the hospital two times before his death in April and June of 2022, both times suffering from a fentanyl overdose. Ard’s family rallied at the courthouse Thursday morning saying the amount of negative media attention the case received tainted the jury. They also said Robinson could have been saved if medical officials, case workers and the Louisiana Department of Children and Family Services notified the family of the fentanyl overdoses. "About what alleged overdose, because no family member was alerted from April 12 to any other subsequent hospital admittances, so that’s why our family is frustrated, we're filled with grief," said Ard's brother, Adrian Ard. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now BRProud Daily News SIGN UP NOW Lawyers for Ard argued during the September trial she wasn’t negligent in the death of her son but if a crime did occur, she should serve just a few years in prison. "At the end of the day that baby ingested fentanyl, so who is responsible for that?" asked reporter John Rupolo. "Who is responsible for that? I mean honestly can't say," said Page. Latest News Daughter claims mother's body 'misplaced' in Memphis cemetery Trump assassination suspect demands Judge Cannon recuse from case Two candidates share plans, goals if elected as Baton Rouge City Constable Sentencing postponed for Baton Rouge mom found guilty in death of boy after defense lawyers ask for new trial Democrats in tight House races ride Harris fundraising momentum to outpace GOP