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Trial postponed for woman accused of killing and dumping newborn in hospital bathroom
"They're not entitled under the present decision of the trial court to utilize those medical records or to utilize any statements that she may have made."lawandcrime.com
You are not alone! I am also confused.This is so confusing to me. So, she allegedly killed her baby at the hospital, but no staff can give details about her alleged role in the baby's death? How do detectives investigate this if no one can talk? If you are a patient and kill someone at the hospital and staff discover it, they can't offer information? As y'all can see, I'm so confused and have so many questions.
This is so confusing to me. So, she allegedly killed her baby at the hospital, but no staff can give details about her alleged role in the baby's death? How do detectives investigate this if no one can talk? If you are a patient and kill someone at the hospital and staff discover it, they can't offer information? As y'all can see, I'm so confused and have so many questions.
You are not alone! I am also confused.
After losing all of it's evidence, the State is in a pickle! And the appellate under no time constraint to escalate a decision.
From the quoted MSM link:
A pretrial hearing slated for July 22 did not occur, according to the district court docket. The day after that, the state’s highest court acknowledged it had received certain exhibits in the case.
Trial was scheduled to begin on Aug. 26. That date, however, has now vanished from the district court docket entirely.
Instead, there is a motion hearing slated for Aug. 22 at 1:30 p.m.
While largely keeping mum, the prosecutor discussed her office’s appeal of Shuler-Gray’s ruling in comments to local media last month — broadly outlining the state’s arguments in comments to Albuquerque-based CBS/Fox affiliate KRQE.
[bbm]
the State lost all its evidence???
Legally, it comes down to the following question that the DA will argue before the Appellate Court after the District Court decided in favor of the defense to suppress the incriminating statements by the defendant as evidence at trial:
“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”
To be clear, hospitals are mandatory reporters in certain circumstances including non-accidental injuries.
The defense argued that AT's doctor-patient privilege was violated when hospital staff turned over information to the ‘police and public.’
AT's attorney also argued AT's Miranda rights were violated claiming she was detained when waiting in the hospital room:
“She didn’t agree to have the doctor act as a police officer and help interrogate her with police officers in the room. At the time they already had her in custody, she was not free to go,” said Mitchell.
The state argued this was not a HIPPA violation and that AT waived her rights when she started talking to doctors with her mother and police in the room. The state also argued AT was not in police custody at the time she told the doctor the baby came out of her and she didn't know what to do.
It's going to be interesting how the higher court decides.
IMO, it's not reasonable to expect police be assigned to a hospital in anticipation of a crime being committed and where they can step in quickly and Mirandize a patient!
I also think if you are in the act of a crime, you do not have a right to privacy and shouldn't be able to hide behind HIPPA.
I'd hate to see a precedent set where hospitals and clinics become sacred ground for criminals and/or criminal activity under the guise of HIPPA protection. That's opening an ugly, ugly, can of worms. MOO
DA Appeals Decision
Thank you so much! Your clear explanation helps me to better understand.Legally, it comes down to the following question that the DA will argue before the Appellate Court after the District Court decided in favor of the defense to suppress the incriminating statements by the defendant as evidence at trial:
“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”
To be clear, hospitals are mandatory reporters in certain circumstances including non-accidental injuries.
The defense argued that AT's doctor-patient privilege was violated when hospital staff turned over information to the ‘police and public.’
AT's attorney also argued AT's Miranda rights were violated claiming she was detained when waiting in the hospital room:
“She didn’t agree to have the doctor act as a police officer and help interrogate her with police officers in the room. At the time they already had her in custody, she was not free to go,” said Mitchell.
The state argued this was not a HIPPA violation and that AT waived her rights when she started talking to doctors with her mother and police in the room. The state also argued AT was not in police custody at the time she told the doctor the baby came out of her and she didn't know what to do.
It's going to be interesting how the higher court decides.
IMO, it's not reasonable to expect police be assigned to a hospital in anticipation of a crime being committed and where they can step in quickly and Mirandize a patient!
I also think if you are in the act of a crime, you do not have a right to privacy and shouldn't be able to hide behind HIPPA.
I'd hate to see a precedent set where hospitals and clinics become sacred ground for criminals and/or criminal activity under the guise of HIPPA protection. That's opening an ugly, ugly, can of worms. MOO
DA Appeals Decision
Sickening isn’t it? She’s moved on Ike it was just a minor inconvenience.This sure hasn't seem to affected her life much. She's living her best life......