A mistrial could be declared in the case of Amanda Davila, a Franklin school bus aide who was convicted on Monday in connection to the death of a 6-year-old wheelchair-bound student.

News 12 New Jersey has learned the victim’s mother lied on the stand when telling jurors she had not filed a civil lawsuit after her daughter’s death. Najmah Nash, mother of Fajr Williams, received a $5 million settlement from Montauk Transportation in November.

Because the jury never heard this piece of evidence, the judge could now throw out Davila’s guilty verdict on charges of endangering the welfare of a child.

When on the stand, the Somerset County prosecutor asked Nash, “Have you filed any lawsuits in this case?”

She quickly answered, “No.”

Nash also made no mention of the settlement, lying to both the assistant prosecutor and the jury. Because of that testimony, Nash could be charged with perjury.

Mike Policastro is Davila’s defense attorney.

“This could definitely mean a mistrial where Amanda could have a retrial,” he said.

Judge Peter Tober found out about the settlement one day after the verdict when the New Jersey Law Journal reported it.

This is the type of information a jury needs to know because Davila’s attorney argued that Williams’ teenage sister incorrectly put on the child’s lap belt, allowing her to slide down in her chair while on a school bus and be strangled by a four-point harness.

Policastro pointed out during the trial that Davila was not the only person to blame for the student’s death. And if Davila was cleared by the jury, that could threaten the family's payout from the bus company.

“Part of my strategy was to have many empty chairs in the court and say, ‘That’s fine, you want to charge Amanda, there should be other people charged or none of them should be charged. This isn’t the type of case I think where someone should suffer criminal penalties,’” Policastro added.

He says Nash’s testimony calls into question her credibility about having the lap belt strapped.

Nash spoke with the media outside the Somerset County Courthouse after the trial.

“It was not my fault or my daughter’s fault. It was [Davila’s] fault for not doing her job,” Nash said.

Prosecutors allege that Davila should be held responsible for Williams’ death because she was sitting away from the child and was wearing earbuds and looking at her phone during the bus ride.

Judge Tober wants to meet with the defense and prosecution to decide the next step.

If there’s another trial for Amanda Davila double jeopardy comes into play. She can’t be charged with manslaughter because she was found not guilty by the jury. She could also be cleared of all charges.