Wednesday, 26 January 2011

INFANTICIDE: New York State: Nicole deJaynes

Liverpool (WSYR-TV) - A medical examiner's report released on Wednesday shows that an infant found dead in a dumpster in Liverpool two weeks ago was born alive, then suffocated.
The cause of death for the child, whom the Liverpool Police Department adopted and named "Isabel Marie," was suffocation.
"The medical examiner notified us that he's completed his findings, that in his opinion the baby was born alive and the cause of death is suffocation," said Chief Assistant District Attorney Rick Trunfio.
The District Attorney's Office did not provide details regarding the method by which she was suffocated but noted that she was killed soon after her birth.
The infant's mother, Nicole DeJaynes, was arrested on Friday and charged with murder. She is being held at the Onondaga County Justice Center without bail, but the district attorney's office needed the medical examiner's report before it could proceed to prosecute based on the charges.
"We know the baby was born alive and we know the baby was suffocated, now the question becomes all those legal issues, intent, circumstances of suffocation, these are all things we're working on, those are the legal definitions...what we were waiting on was the medical definition," Trunfio said.
Onondaga County County District Attorney Bill Fitzpatrick said that the case will now go before an Onondaga County Grand Jury, which will determine what charge or charges DeJaynes will ultimately face.
Authorities know the identity of the child's father, but say he is not a suspect at this point. Police say they would like to discuss the case with him, however.
DeJaynes was arrested on January 14, a few hours after Liverpool Police said they would not arrest her until the medical examiner's report was complete. However, after she was released from a medical exam, she was formally charged because she was deemed to be a potential flight risk by the district attorney's office.
Liverpool Police plan on giving the infant they've adopted a funeral once the body has been returned to them. DeJaynes' parents have told the police that they would like to participate in the funeral but have no money to contribute.

Mother charged with murder of newborn due in court Thursday
Jan. 17

Liverpool (WSYR-TV) - A Liverpool woman charged in the death of her newborn is due back in court on Thursday.
29-year-old Nicole DeJaynes' baby girl was found dead in a dumpster outside a Liverpool apartment complex nearly two weeks ago. On Friday, investigators said they planned to hold off on charges against her until an autopsy on the baby was complete.
Prosecutors say those plans changed when DeJaynes was unexpectedly released from a medical facility where she was being treated for issues relating to the birth. The baby's cause of death has yet to be revealed. Autopsy results could be complete in the coming days.
If convicted of murder, DeJaynes faces 25 years to life in prison.

Mother charged with murder had history with Child Protective Services
Jan. 16

Nicole DeJaynes
Nicole DeJaynes
SYRACUSE, NY (WSYR-TV) - The Onondaga County District Attorney's Office says the 29-year old mother of the baby found in a dumpster, also has a 5-year old child.They say Nicole DeJaynes has had a history with Child Protective Services, but they could not elaborate any further.
While the D.A.'s office cannot go into specifics as to what led up to the infant's death, Nicole DeJaynes was charged Friday night, after she was unexpectedly released from a medical facility which was supposed to notify police beforehand.
"A doctor at that facility made the decision to release her on his own," said Rick Trunfio, Chief Assistant District Attorney.
Earlier in the day, the district attorney had said charges would not be filed until the medical examiner completed his evaluation of the baby, named Isabella Marie by police.
"That change in circumstances combined with the risk of flight, we sped up our time table in regard to what charge and when we would do it. Right now the theory is an intentional theory, that she intended to kill her newborn," said Trunfio.
Trunfio tells us DeJaynes 5-year old child is now being cared for by her mother. He says a final autopsy on baby Isabella is not yet done.
"We're waiting toxicology, we're awaiting some results on microscopic films, so at that point we'll sit down with the medical examiner and we'll finalize the cause and manner of death," said Trunfio.
If convicted, DeJaynes faces up to 25 years to life in prison. The D.A.'s office says they know who the child's father is. But they have not been in contact with him as of right now.
DeJaynes is being held at the justice center with no bail. She was arraigned Friday night and could have another court appearance as early as next week.

Mother of baby found in dumpster charged
Jan. 14

Liverpool (WSYR-TV) - The mother who allegedly left her newborn baby in a dumpster near a Liverpool apartment building was charged with murder in connection with the child's death.
29-year old Nicole DeJaynes was charged Friday night with second degree murder after being unexpectedly released from the medical facility where she was being evaluated. DeJaynes was arraigned Friday night in Liverpool Village Court, and committed to the Onondaga County Justice Center.
Liverpool Police Chief William Becker says DeJaynes was originally tracked down through information provided by the Department of Social Services. She was staying with friends.
Earlier Friday, District Attorney William Fitzpatrick said DeJaynes would not be charged until the medical examiner completed his evaluation of the child - named Isabella Marie by Liverpool police. Fitzpatrick decided to file the charges because of DeJaynes release and because he believed she might be a flight risk.

Mother of dead Liverpool infant found, charges still undecided

Liverpool (WSYR-TV) - The mother of an infant found dead and laying in a dumpster in Liverpool has been identified by village police as a 29-year-old who lives in the area. Police say they've interviewed the woman, but the charges that will be brought against her remain unclear.
The mother is currently being treated for medical issues relating to the incident. No charges have been filed yet against her or anyone else involved in the incident because the medical examiner's hasn't completed a final report on the child's cause of death.
"I'm not going to plea bargain the case right now, but obviously if the child was born alive and intentionally killed by the mother, then we will charge her with murder in the second degree. if the medical examiner has some difficulty determining to a reasonable degree of medical certainty that Isabella was in fact born alive, then that may affect what decision we make in terms of offering her some disposition short of a murder plea," said District Attorney William Fitzpatrick.
Liverpool Police agreed to "adopt" the infant, and named her Isabella Marie. They add that they've received an outpouring of community support during the investigation of this case and even offers to pay for Isabella Marie's funeral services or headstone.

Baby girl found dead in dumpster named by Liverpool Police
January 12

Liverpool (WSYR-TV) - Liverpool Police have named the infant girl discovered dead in a dumpster outside an apartment complex last Thursday Isabella Marie. The department announced Tuesday it would handle funeral arrangements for the infant.
Police are still looking for the baby's mother. Anyone with information is asked to call 457-0722.

Liverpool Police will handle funeral for infant found in dumpster
January 11

Liverpool (WSYR-TV) - Liverpool Police say they will "adopt" the infant found dead in a dumpster last Thursday, just a day after being born. When the body is released, the department will make arrangements for a funeral and burial.
Prosecutors say they're making progress in their investigation, as they work to find the parents that left their newborn in the dumpster outside an apartment complex on Pearl Street in the Village. They report following many leads provided by tips from the public and the Department of Social Services.
The preliminary autopsy of the child is complete, but details about the gender and the condition of its birth are not being released at this time. Such information could play a role in criminal charges.
Police originally said they believed the parents were likely residents of the area, but Assistant District Attorney Rick Trunfio says they're keeping open the possibility the mother was simply passing through.

Police put in long hours to find parents of Liverpool baby
January 8

Liverpool police discovered the body of a deceased newborn baby in a dumpster late Thursday night. (Eddie Jones, WSYR-TV NewsChannel 9) 
Liverpool police discovered the body of a deceased newborn baby in a dumpster late Thursday night. (Eddie Jones, WSYR-TV NewsChannel 9)
Liverpool (WSYR-TV) - The Onondaga County District Attorney's Office says the investigation into how a newborn baby ended up inside a dumpster Thursday night is a criminal investigation.
ADA Rick Trunfio says the case has always been considered a criminal investigation because of the way the child’s body was found.
Trunfio says the preliminary autopsy is now complete.
Meanwhile, Liverpool Police are putting in extra hours to follow leads.  They are still searching for the parents who left their newborn baby in a dumpster outside the Pearl Street Apartment complex.
Liverpool Police Chief William Becker said a man, later identified as Michael Denardo, found the baby while searching through the dumpster. "As soon as he identified it as being a child and not a toy, he was extremely quick to contact our agency," Becker said.
"I had to get away from that for a few minutes, because it made me sick to my stomach. I just had to hurry up, get down to the… I just thought I had to get down to the police station and let them know this," Denardo said.
Chief Becker says the baby was born Thursday, and left in the dumpster the same day. No attempt was made to conceal the child.
Denardo's friend, Larry Boyer of Liverpool, said Denardo was looking for spare wood in the dumpster. He added that his friend was very distraught by finding the baby. "He was over at my house last night and he is messed up about it. He really was. I tried giving him any support he wanted," Boyer said.
Liverpool Deputy Fire Chief Jason Ormsby was one of the first on scene after the child was reported. On the way there, he hung onto hope that it wouldn't turn out the way it did. "You just hope it's not going to be a real baby that maybe it was just a doll or something of the sorts," he said. "It definitely makes you upset. Initially you always want to ask, 'why?'"
Early Friday morning, the police canvassed a nearby apartment complex and removed the dumpster the infant was found near as well as one 15 feet away. The police took the dumpsters to a secure location to search them for evidence. They finished collecting evidence from the dumpsters around 6 a.m. and anticipated returning them to the site. "We were able to take our time to search for any physical evidence that might have been left along with the child," Becker said.
Chief Becker said police were concerned that the snow would damage evidence that might be in the containers.
Police believe the mother is from the immediate area, and are trying to locate the parents. They urge anyone with information to come forward, and say they've already received some credible tips from the public. "Some of it has been very helpful. Some of it has given us new direction to take our investigation as well," Chief Becker said.

Safe Haven Law provides refuge for children

Syracuse (WSYR-TV) - On Thursday night, a dead infant was discovered in a dumpster in a Liverpool apartment complex, but the nearby Liverpool Fire Department would have provided a refuge for the child along with anonymity for the mother.
The Safe Haven Law provides parents with a safe alternative for children that parents cannot keep. According to the law, children can be dropped off at a fire house, a police station, or a hospital.
The Syracuse Fire Department recently gave such a child refuge.
"They need to know there's a place that'll accept the child, take good care of the child and do whatever it needs to make the child safe," Syracuse City Deputy Fire Chief Ed Kurtz.
Under the law, the parent cannot be prosecuted for abandonment if the infant is five days old or fewer. In addition, the parent must intend for the infant to be safe from harm and they must leave the baby with an appropriate person.
"We see tragedy all the time. And, if we can avert one it's something we want to do. All people are more than willing to accept a child, they want to do this," Kurtz said.

Fire Departments are trained for such situations. They send the child to the hospital for evaluation, call child protective services, and complete the appropriate paperwork, but the parent does not have to leave their name.

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