Nature of the Case
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Facts
D gave birth to a stillborn five-pound baby girl. The baby's gestational age was estimated to be between 34-37 weeks old. An autopsy revealed the presence of benzoylecgonine, a substance which is metabolized by cocaine. A doctor testified that the only way for the infant to have the substance present was through cocaine and that the cocaine had to have come from the mother. The baby died one to three days prior to delivery. The cause of death was intrauterine fetal demise with mild chorioamnionitis, funisitis and cocaine consumption. The death was a homicide. D was indicted for homicide by child abuse. A first trial held Jan. 8-12, 2002 resulted in a mistrial. At the second trial held May 14-16, 2001, the jury returned a guilty verdict. D was sentenced to twenty years, suspended to service of twelve years.
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