GUILTY SD - Sioux Falls, WhtMale, UP17189, Newborn, born alive, Feb'81 *ARREST in 2019* - Baby Andrew

[Niner]

Thanks a bunch @PommyMommy

 

[Niner]

Friday, October 8th:
*Plea Hearing (@ 9am CT) – SD – Baby Andrew John Doe (Litz) (newborn, found Feb. 28, 1981, Sioux Falls, lying in a icy ditch) - *Theresa Rose Bentaas (19 @ time of crime/57/now 59) arrested (3/8/19), charged (3/11/19) & arraigned (3/11/19) with 1st degree murder, 2nd degree murder & 1st degree manslaughter. Plead not guilty. $250K Cash only bond changed (4/30/19) to $250K cash or Surety bond. Out on bond w/GPS ankle monitor.
Parabon NanoLabs GEDMatch
Trial was set to begin on 11/30/20 as all jury trial suspended due to COVID until after 1/25/21 & was rescheduled for 4/12/21 & cancelled again.
Court info from 5/20/19 thru 11/28/20 reference post #102 here:
Found Deceased - SD - Sioux Falls, WhtMale, UP17189, Newborn, born alive, Feb'81 *ARREST in 2019* - Baby Andrew
4/10/21 Update: Trial is set to begin on 4/12/21 has been cancelled due to COVID. Bentaas was scheduled for trial Monday in Minnehaha County court in Sioux Falls. Randy Sample with the Minnehaha County State’s Attorney's office said that both sides were in agreement for a reset & that a new date has not yet been scheduled.
7/27/21 Update: Bentaas scheduled for a change of plea hearing at 9am on 10/8/21. Her last court date was supposed to be a jury trial starting on April 12 that was canceled & not rescheduled. It is unknown which of the three "not guilty" pleas Bentaas plans to change during her next hearing. Charged with first- & second-degree murder & first-degree manslaughter. A sentencing hearing is also scheduled for Bentaas after her change of plea hearing. The sentencing hearing is set for 9am. on 12/2/21. Both hearings will be presided over by Judge Bradley Zell.

 

[PommyMommy]

OCT 7, 2021
Theresa Bentaas will be prosecuted under 1981 laws in 'Baby Andrew' case (argusleader.com)
[...]

Theresa Rose Bentaas, 60, will face charges of first- and second-degree murder and first-degree manslaughter, as they were classified decades ago, according to prior reporting by the Argus Leader.

Bentaas initially plead "not guilty" but is scheduled for a change of plea hearing on Friday.

[...]

First-degree murder is a Class A felony, punishable by up to life in prison or death, which was the case in 1981.

Second-degree murder is a Class B felony, with a mandatory life sentence, the same today as it was when Baby Andrew was found.

[...]

 

[PommyMommy]

OCT 7, 2021
Baby Andrew: Theresa Bentaas to change her plea in case Friday (argusleader.com)
[...]

Theresa Bentaas, 60, of Sioux Falls, is scheduled for a change of plea hearing at 9 a.m. on Friday. Her last court date was supposed to be a jury trial starting on April 12 that was canceled and not rescheduled. Now she's scheduled to change her "not guilty" plea.

A sentencing hearing is also scheduled for Bentaas after her change of plea hearing. The sentencing hearing is set for 9 a.m. on Dec. 2. Both hearings will be presided over by Judge Bradley Zell, according to court documents.

Bentaas has been out on bail since May 21, 2019 after posting a combination of cash and surety bond in the amount of $263,327 was paid to Minnehaha County.

Bentaas is charged with first- and second-degree murder and first-degree manslaughter in connection to the former cold case of "Baby Andrew" John Doe.

She pled "not guilty" to all three charges on March 19, 2019, according to court documents. It is unknown which or how many of the three "not guilty" pleas Bentaas plans to change on Friday.

[...]

 

[Pennysmom1]

A 40 year old cold case murder investigation in KELOLAND is now closed.

 

[Niner]

A 40 year old cold case murder investigation in KELOLAND is now closed.

per article:

Bentaas will be sentenced on December 2nd. She faces the possibility of life in prison.

 

[JerseyGirl]

She pleaded guilty under what is called an Alford plea. It allows a defendant to maintain her innocence while authorizing the court to enter a guilty plea.

40-year-old Sioux Falls cold case ends with a guilty plea | KELOLAND.com

 

[Niner]

Thursday, December 2nd:
*Sentencing Hearing (@ 9am CT) – SD – Baby Andrew John Doe (Litz) (newborn, found Feb. 28, 1981, Sioux Falls, lying in a icy ditch) - *Theresa Rose Bentaas (19 @ time of crime/57/now 59) arrested (3/8/19), charged (3/11/19) & arraigned (3/11/19) with 1st degree murder, 2nd degree murder & 1st degree manslaughter. Plead not guilty. $250K Cash only bond changed (4/30/19) to $250K cash or Surety bond. Out on bond w/GPS ankle monitor.
Parabon NanoLabs GEDMatch
Trial was set to begin on 11/30/20 as all jury trial suspended due to COVID until after 1/25/21 & was rescheduled for 4/12/21 & cancelled because of change in plea. Plead guilty (10/8/21) to 1st degree manslaughter, sentencing on 12/2/21.
Court info from 5/20/19 thru 4/10/21 reference post #122 here:
GUILTY - SD - Sioux Falls, WhtMale, UP17189, Newborn, born alive, Feb'81 *ARREST in 2019* - Baby Andrew
7/27/21 Update: Bentaas scheduled for a change of plea hearing at 9am on 10/8/21. Her last court date was supposed to be a jury trial starting on April 12 that was canceled & not rescheduled. Bentaas will now be plead guilty. It is unknown which of the three "not guilty" pleas Bentaas plans to change during her next hearing. Charged with first- & second-degree murder & first-degree manslaughter. A sentencing hearing is also scheduled for Bentaas after her change of plea hearing. The sentencing hearing is set for 9am on 12/2/21. Both hearings will be presided over by Judge Bradley Zell.
10/8/21 Update: Bentaas plead guilty to 1st degree manslaughter under what is known as an Alford plea which allows her to maintain her innocence while authorizing the court to enter a guilty plea. In exchange, the State dropped 1st & 2nd degree murder charges. Bentaas will be sentenced on 12/2/21. She faces the possibility of life in prison.

 

[Niner]

This is a summary of the tweets I found about the sentencing.

The prosecution is recommending Bentaas serve 40 years in prison with the chance of parole in 10 years in connection with the death of her child. During the first portion of the sentencing, the state called two witnesses: Lee Letz, who found the body 7 Detective Michael Webb, who was responsible for solving the cold case. Judge Bradley Zell called a lunch recess shortly after 11am & administer the sentence afterward.
The defense called their four witnesses after a brief recess. A psychologist did a forensic psychiatric evaluation on Bentaas in February 2020, where she diagnosed Bentaas as having experienced "Complete Pregnancy Denial." "She never named him but accepted the name the church gave him," said Dr. Cara Angelotta of Northwestern University. Bentaas's sister Michelle Fischer was next to the stand followed by Bentaas's daughter Melissa Feilmeier & son Justin Bentaas. Before the judge called the final recess Raleigh Hansman, of the defense, addressed the court & said the death of Andrew happened to Bentaas & not because of her. Hansman described Bentaas' Alford plea as a compromise & said her client never admitted to killing her child. The court is in recess until noon when Zell will sentence Bentaas. The state is requesting 40 years while the defense said time served is enough punishment. Bentaas entered an "Alford" plea on count three of first-degree manslaughter on Oct. 8, 2021, which in South Dakota is treated as a "guilty" plea. Two murder charges she faced were dropped.
Judge Zell: Under the proven facts of this case, Theresa may be guilty of manslaughter in the second degree for failure to provide medical attention. But that is even a stretch under these facts. Legally Theresa is guilty & is to be treated as guilty in manslaughter of the first degree. At the time, Theresa was 19 & little to no criminal activity. Since that time, she has had no criminal activity. There is nothing regarding Theresa to rehabilitate this matter. As for deterrence, this court has seen time & time again that heavy sentences & death penalties has not stopped major crimes. Judge Zell sentences Bentaas to South Dakota women's prison for 10 years with nine years suspended with credit for time served. No fine. Judge Zell: Is this sentence what your family wanted? No. Is it what some in the community want? No. That's not my job.
"I do hope that this brings closure but also inclusion to the whole family."

link: https://twitter.com/Argus911?ref_src=twsrc%5Etfw%7Ctwcamp%5Eembeddedtimeline%7Ctwterm%5Eprofile%3AArgus911%7Ctwgr%5EeyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3NwYWNlX2NhcmQiOnsiYnVja2V0Ijoib2ZmIiwidmVyc2lvbiI6bnVsbH19&ref_url=https%3A%2F%2Fwww.argusleader.com%2Fstory%2Fnews%2Fcrime%2F2021%2F12%2F02%2Fbaby-andrew-theresa-bentaas-sentencing-hearing-sioux-falls-1981-cold-case%2F8826498002%2F

 

[PommyMommy]

DEC 2, 2021

Judge says ‘not clear’ Bentaas killed her baby; gives 10-year sentence with 9 years suspended | KELOLAND.com
Judge Zell said it’s not clear Bentaas killed her baby boy.

He said his sentence is not what the family wanted, nor what the community may have wanted but he said it’s up to him to decide what is justice when considering all the circumstances of the entire case. He said he hopes the sentence brings closure and added it was not a simple decision.

Judge Zell said the autopsy revealed the baby had a small concentration of air in his lung and stomach. Judge Zell said there are no concrete facts for how long the baby lived.

Judge Zell said there’s been sensational coverage in the media and that’s not the facts. He said the CDC shows over 1,000 infants die in hospitals during the birthing process. He said no evidence supports Baby Andrew died due to cold.

Baby Andrew cold case: Theresa Bentaas sentenced (argusleader.com)
Angelotta said Bentaas never knew she was pregnant with the child until she went into labor and the baby was born. Medical records show she did not seek treatment for the pregnancy before the birth.

When questioned by the state, Angelotta said Bentaas said she had no recollection of what happened to the baby after his birth.

Bentaas described the infant to Angelotta as "pale, grey and lifeless" after giving birth to him. She also told Angelotta she didn't think he was alive because he wasn't crying.

The Sioux Falls mother at the center of a 40 year old cold case will serve time behind bars. (keloland.com)
In 1981, Theresa Bentaas gave birth to the baby boy in her bedroom. Judge Zell said that was not a crime.

She never sought medical help, which he also said, is not a crime.

Zell says she’s guilty of not reporting the birth and illegally disposing of human remains, but it’s not clear she killed her child.

Baby Andrew cold case: New details emerge Theresa Bentaas's sentencing (argusleader.com)
Bentaas was sentenced to 10 years in the women's prison with 9 years suspended and a credit for time served Thursday. Judge Bradley Zell said that she probably won't serve more than 60 days starting in mid-January.

A witness for the defense said Bentaas suffered from "complete pregnancy denial" and she wasn't even aware she was pregnant until the baby was being born. The defense also said that Bentaas never had a name for the child and that when questioned about the death in 2019 referred to him as Baby Andrew, which was the name bestowed upon him by a church that buried him.

 

[JerseyGirl]

South Dakota woman gets parole in 1981 dead infant sentence

A 60-year-old South Dakota woman was granted parole Thursday after serving two months in prison for the 1981 death of her infant son — a loss she kept secret for decades.

The South Dakota Board of Pardons and Paroles was closely divided as it weighed the parole request from Theresa Bentaas, who entered an Alford plea to a first-degree manslaughter charge in October. The plea means she maintained her innocence but admitted that evidence could persuade a judge or jury of her guilt.

 

[Niner]

WHAT??!! Served on 2 months for murder??!! That just not seem right...

 

[Bluebear15]

WHAT??!! Served on 2 months for murder??!! That just not seem right...

It was manslaughter, not murder, and going by the judges remarks even that is a stretch. There is no evidence that she killed the child.