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Newborn death in Baytown school toilet ruled a homicide
06:55 PM CDT on Tuesday, June 10, 2008
BAYTOWN, Texas -- The death of an infant found in a junior high bathroom toilet on April 2 was ruled a homicide by the Harris County Medical Examiner’s Office Monday.
Officials said the infant, whose 14-year-old mother was a student at Cedar Bayou Junior High, died after he had toilet paper stuffed down his throat and was submerged in the toilet.
The autopsy also found blunt trauma to the baby’s head and neck. The boy’s mother told police she never knew she was pregnant until she gave birth at the school.
“What it means is, this young lady knew the child was born alive and took affirmative measures to end its life,” said 11 News legal analyst Gerald Treece.
Killing an infant is a capital crime in Texas, but 14-year-olds are too young to be eligible for the death penalty.
The teen has not been charged.
“We have yet to receive the official report from the M.E.’s office. Upon receipt we will review its content and make further progression from that point,” Baytown Police said in a statement.
But Treece said this report isn’t good news for the young mother.
“Instead of the original story, which is she didn’t even know it was a fetus or a child, that now it’s a little bit complicated for her. The argument now is she didn’t know what she was doing,” he said.
The attorney representing the girl, Gerald Yoakum, said in a statement that it would be "inappropriate" to comment on the information released by the medical examiner, because the final report is not yet available.
Yoakum contends that the death was an accident and that his client never saw the baby splash into the water.
“I can’t believe they want to paint her as a murderer,” he said. “The first time that she actually saw her baby was at the funeral home. She is now mourning his death and through counseling learning to accept what happened.”
The mother, whose name has not been released because she is a juvenile, thought at the most she was having a miscarriage, Yoakum said.
Goose Creek ISD officials said teachers and administrators were not aware the girl was expecting.
11 News photo
Cedar Bayou Junior School
“No one knew she was pregnant,” said Kathy Clausen of Goose Creek ISD.
“She wasn’t showing or anything. She didn’t tell anybody. It was a surprise,” said Veronica Roy, whose son attends the school.
Witnesses told police they heard the child crying in the restroom around 11 a.m. and went to get a nurse.
But by the time the nurse and medics arrived, the baby was no longer breathing.
Students at the school expressed shock upon hearing the news of the baby’s death.
“That’s really bad. I cannot believe it. You are like destroying God’s creations,” student Joshua Contreras said.
Administrators sent letters home to parents further detailing the incident.
“It’s very shocking, very shocking. Especially for these children to be in junior high,” parent Cinda Baker said.
“I’m just shocked that some girl could throw away the life of a young, little being,” parent Neris Ibarra said.
Baytown is about 25 miles east of Houston.
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