Police say a 31-year-old woman took her three young children to a Lincoln hospital and said someone needed to take them from her or she would kill them.
Officer Katie Flood said the mother has not been charged with anything and has been admitted to the hospital for treatment.
The children -- boys ages 2 and 3 and a girl, 4 -- were turned over to Child Protective Services.
"A year or two years ago, this would have been a safe haven case," Flood said.
But in November 2008 -- months after the state attracted national attention for a safe haven law that allowed caregivers to surrender a child of any age without fear of prosecution for abandonment -- lawmakers restricted it to babies 30 days old or younger.
Lawmakers said they had intended to keep newborns from being abandoned in Dumpsters or other unsafe, out-of-the-way places.
Still, Flood said, the woman in this case did the right thing by going to a hospital for help, even though the safe haven law didn't apply.
In court records, Officer Scott Parker said the woman took her children to BryanLGH Medical Center West on Sunday "by her own accord, saying someone needed to take her children from her or she would kill them."
Parker said the woman said she planned to drive her car into a lake, with the children inside the vehicle, but didn't want them to suffer because of her situation.
She said she is unemployed and unable to provide for them. Their father is in jail on suspicion of felony child abuse for spanking one of his sons with a piece of wood.
According to court records, the woman was taken into Emergency Protective Custody because of her suicidal and homicidal thoughts.
Flood said parents in similar situations should seek help whether it's through a trusted friend or family member "or, like she did, going to the hospital or another professional."
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
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.
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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 (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.
John Elder on the women who throw their babies away.
Tegan Lane was not the average victim of neonaticide. She was given a name.
THE day you are born is the day you are most likely to be the victim of homicide. This cheerless statistic holds true whether you live in Stockholm or Silverwater. The perpetrator will almost certainly be your mother.
She will most likely be under 25, unmarried, still living at home or in poor circumstances, still at school or unemployed, emotionally immature and astonishingly secretive. She has carried you to term without telling a soul of your existence. And somehow the parents with whom she resides never suspect she is with child.
Now that you are born, it's not depression or psychosis that moves her to murder you – mental illness rarely plays a part. Nor is she overwhelmed by the feeling that life is simply too harsh for such a defenceless little creature for whom she cares a great deal.
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There is rarely great violence in the manner of the killing. She may simply abandon you to the elements. The only intense feeling she has is the desire to see you gone. She may even deny that you exist at all.
This is the profile of neonaticide, the murder of a newborn in its first 24 hours of life. Most people in Australia have probably never heard the term. There is no separate provision for it in Australian law. People are charged with manslaughter, murder or, more rarely, infanticide.
Last week former water polo champion Keli Lane was found guilty of murdering her newborn daughter Tegan. A majority verdict of 11 to one found that Lane had left Auburn Hospital on September 14, 1996, killed her two-day-old baby, disposed of her body and proceeded to a friend's wedding. Tegan's body has never been found.
Two weeks ago, in a lower-profile case, Brisbane woman Jem Merrilee Rose Dean, 24, was convicted of the manslaughter of her newborn. She was 19 when she arrived at a hospital complaining of cramps. She was found to be 33 weeks pregnant.
Dean returned home. The following day she called an ambulance and told paramedics she'd given birth to a stillborn child. They found the baby submerged in a toilet, alive but brain damaged. The child lingered for 12 months but died of pneumonia.
Dean was sentenced to five years in jail, wholly suspended for time served. The presiding judge said Dean had a borderline intellectual impairment and believed the baby to have been stillborn.
Because of the counter-intuitive nature of neonaticide – the breaking of such a fundamental taboo — it's difficult to believe it occurs in Australia at a rate forensic psychiatrists and sociologists believe is underestimated and certainly under-reported.
In the past three years, newborn babies have been discovered in the following circumstances: face down in a toilet at an Adelaide hospitality school; in a pile of rubbish at a Perth recycling plant; in a shopping bag at a bus stop in regional Victoria; in the grounds of a South Australian high school; wrapped in newspaper and left in the driveway of a home in a South Australian country town; on a Sydney rubbish tip; at a Brisbane water treatment plant; and, in August, in a shoebox in the garden of a Strathfield apartment block.
In all but two of these cases, the mother has never been found. In each, the umbilical cord was still attached and torn, not cut, indicating a panicked separation of mother from child. An autopsy of the girl from the shoebox proved inconclusive.
Dr Joe Tucci, chief executive of the Australian Childhood Foundation, says such killings occur for the grisly reason that "it's easier to hide the body of a very small baby and it's very easy for a very small baby to fall through cracks in the system".
There are, he says, fewer contact points between the community and a newborn. "If an adult is killed, there are friends and family who miss that person," Tucci says. "He doesn't show up at work. But if a mother has carried and delivered her baby in secrecy, it's not hard to make it disappear. If we had some sense of prevalence of hidden pregnancies, we'd know which ones went to term and what happened to the babies afterward. There is no framework to even try and research that."
Mairead Dolan is professor of forensic psychiatry at Monash University and assistant clinical director (research) at the Victorian Institute for Forensic Mental Health. She is co-author of a draft paper, Maternal infanticide and neonaticide in Australia: a forensic evaluation. Dolan says few neonaticides are reported because bodies are never found or reported to authorities, or the cause of a death remains unknown. She also says there is an acceptance that coroners sometimes incorrectly rule a death accidental in actual homicide cases.
"It's also accepted they can be reluctant to think the worst without supporting evidence," she says.
With about 10per cent of sudden infant death syndrome cases estimated to be possible homicides, and the absence of birth certificates for 2.8per cent of children who die, Dolan writes in her research paper that official figures are often regarded as the "tip of the iceberg". (Last week the British Medical Association published a paper that found the number of newborns in France killed within 24 hours of birth is at least five times higher than official statistics.)
Tasmanian Labor Senator Helen Polley, who is campaigning for the introduction of "baby safe haven laws" in Australia to counter neonaticide and child abandonment, says at least 10 babies are abandoned by their mothers every year in Australia.
Safe haven laws have been enacted in most US states in the past eight years. They provide for a mother to abandon her newborn baby without fear of being charged with criminal abandonment. In the US and European experience, abandonment usually takes place in a hospital or at a police or fire station, where special hatches have been built into the walls. There are limits to the age of the children who can be abandoned and there are frequently provisions for child and mother to be reunited under certain conditions.
The Australian Medical Association has backed the senator's call. State welfare departments have routinely dismissed the idea, claiming they already have services that provide for mothers at risk.
But as Dr John Scott, associate professor at the University of New England's School of Behavioural, Cognitive and Social Sciences, points out: "How can intervention occur when something is concealed? The other problem is, some sections of the population may have more opportunity to conceal than others. By nature, welfare workers tend to deal with socially disadvantaged groups but clearly this practice occurs right across the social spectrum and there is even some evidence to indicate it may be more common among affluent groups."
This week, new Victorian Community Services Minister Mary Wooldridge said the Victorian government would consider the viability of baby safe haven laws as part of an investigation into how women who conceal their pregnancies might be recognised and cared for.
Dolan says there is no data to support the effectiveness of such laws in reducing the risk of neonaticide. It's uncertain whether the mothers who kill their babies outright are of the same mind as those who abandon them.
Would the baby safe haven laws have made a difference in the case of Keli Lane?
The facts of the case fit the neonaticide profile almost perfectly, save for one anomaly: Lane, then a 21-year-old student living with her parents, was alleged to have left Auburn Hospital with baby Tegan two days after giving birth. Tegan was never seen again and Lane was four hours later celebrating with friends and family at a wedding. Strictly speaking, neonaticide is said to occur in the first 24 hours of life. It's also rare for a neonaticide victim to be given a name.
However, Professor Phillip J.Resnick, the US forensic psychiatrist who identified neonaticide 40 years ago, told The Sun-Herald by email the Lane case "would fit the characteristics of neonaticide rather than the killing of an older child. I also think that the baby being given a name was related to expectations in the hospital."
He says secrecy in the hiding of the pregnancy, or psychological denial of the pregnancy, are diagnostic characteristics.
In a paper published last year, Resnick found an infant's chances of becoming a homicide victim during the first year of life are greatest if he or she is the second or later-born child of a teenage mother. This was according to an analysis of birth and death certificates by researchers at the US National Institute of Child Health and Human Development.
In fact, Tegan was Lane's second child. She gave birth to a girl in March 1995 – a year before Tegan was born – at Royal Prince Alfred Hospital, Camperdown, and secretly gave her up for adoption.
Three years after Tegan's disappearance, Lane gave birth to a third child, believed to be a boy. He was also given up for adoption. None of Lane's family or friends was aware she was pregnant with any of the children, though her water polo teammates later said in court they'd had suspicions.
The Crown alleged Lane murdered Tegan because she was desperate to pursue her sporting career unhindered by a child. Prosecutor Mark Tedeschi, QC, told the jury Lane was also desperate to get to her friend's wedding, and killed Tegan between leaving the hospital and joining her boyfriend at the ceremony.
The key argument made by Lane's barrister, Keith Chapple, SC, was that the absence of a body provided reasonable doubt. Even if Tegan was dead, he argued, there was no way to know how she died and to what degree, if any, Lane had contributed to that death. It was a powerful argument and the jury took more than a week to decide she was guilty.
Lane, 35, who at one point told a coronial inquiry she'd never given birth to the girl, later told police she gave Tegan to the man she believed to be her natural father, with whom she'd had a brief and secret affair. She knew him as either Andrew Norris or Morris. The man has never been found.
Chapple also argued that Lane's alleged motive was ludicrous. "So, it's 'Hurry up, I've got to get to a wedding and play water polo,' is that it?" he asked.
It seems too callous. How can a woman throw her baby away as if it's nothing, and then immediately go dancing?
Consider the story of American girl Melissa Drexler, probably the most notorious case of neonaticide on record. In 1997, 18-year-old Drexler arrived at her New Jersey high school prom. Soon after, she delivered a baby boy in the toilet. She placed him in a garbage bag and dropped him into the sanitary receptacle. She then returned to the dance floor. US media dubbed her the "Prom Mom". Drexler plea-bargained her charge down from murder to aggravated manslaughter and was sentenced to 15 years. She served three.
Still, the question remains: if these women aren't mentally ill (and in most cases they are not), what drives them to kill their babies? Poverty and social isolation, shame, panic and an iron-willed determination to keep their lives uncomplicated, appear to be contributing factors in many instances. But the causes and psychological reasoning are only vaguely understood.
John Scott says it is easy to dispose of an "object" that we have no emotional links with. Moreover, he says, if the object threatens to block social opportunities, crime becomes a viable option.
"It is easier to kill animals because they are not 'human'. At what stage does an infant become 'human'? Not an easy answer here and [it] is likely to vary between individuals and cultures," he says.
Scott says social factors are strong influences on women committing neonaticide. For example, he says, rates are likely higher in some US states because of social attitudes towards unmarried pregnancy. He also suggests that "in an age when men and women are marrying later in life to establish careers, there may be more social pressures exerted to engage in this sort of behaviour".
Does brain development play a part? A study by the US National Institute of Health suggests people under 25 are more prone to risky behaviour, and their problem-solving skills are not totally developed.
Dolan says there is some evidence of abnormal brain pathology in males who commit homicide but this has largely been associated with impulsive aggressive or psychopathic personality pathology. She says there are no studies specifically looking at this issue in women, largely because there are significant differences in prevalence rates of homicides across genders.
Craig H.Kinsley, professor of neuroscience at the University of Richmond, Virginia,
is in the early stages of research that has found women develop a set of "maternal neurons" — a cluster of brain cells created during pregnancy — that operate like "good mother" switches in the brain.
It appears that a certain number of these maternal neurons need to be switched on for a woman to show good mothering skills, Kinsley says. The research has so far been restricted to small mammals.
It shows that "the mothers with a fewer number of 'maternal neurons' tended to neglect or abuse their offspring, while those animals with the lowest numbers actually savaged or killed their own young".
Kinsley told The Sun-Herald that the brain sometimes doesn't work in the way that society demands. What we regard as wrong behaviour is sometimes coldly efficient in terms of how nature works. "In the end, we are a species with an ancient brain living in an age where we can think about the whys of our behaviour." http://www.smh.com.au/national/mother-murderer-20101218-191i2.html