TX - Woman flushes newborn baby down toilet in Whataburger bathroom - Dec. 19, 2024

[Momof7236]

Good point.

As far as I know, there are no charges brought against these women that use during pregnancy. These poor children are born with so many disabilities and are forced to stay with their drug addicted mother.

 

[Tower]

As far as I know, there are no charges brought against these women that use during pregnancy. These poor children are born with so many disabilities and are forced to stay with their drug addicted mother.

It varies a lot. I work with a large population of babies born with exposure to substances. In most cases, if the baby tests positive in urine or cord blood at delivery, the baby is not sent home with the mother in my city (Las Vegas, NV). She would need to work a DFS plan to regain custody.

The risk this mother would face by going to a hospital would only be if she had warrants already. She would not be charged with a new crime and could give up the baby (if it survived) with no new criminal charges.

She could not get high for a short time. If her goal was getting another fix as soon as possible, going to a hospital would delay that.

My experience

 

[sunspun]

As far as I know, there are no charges brought against these women that use during pregnancy. These poor children are born with so many disabilities and are forced to stay with their drug addicted mother.

From my experience, it is very common for a mother to be charged with felonies if she or her newborn baby tests positive when at the hospital to give birth.

But currently, I think a bigger concern for pregnant women is the changes to abortion laws, different by state but some of which are more than draconian and which have made some doctors and other healthcare providers afraid and/or unwilling to provide care to certain pregnant women for a variety of reasons, because of a very real fear of being charged criminally themselves, if anything they do results in a premature end to the pregnancy which some lawmakers and law enforcement might consider as abortion in their interpretation of the new laws.

Someone already posted more than one article addressing this issue above, about women who were denied or delayed care by hospitals, sometimes resulting in death.

 

[airportwoman]

I feel for any pregnant woman in Texas right now. We don't know her circumstances at all. But we do know it's not a given that she could have gone to a hospital and gotten help.

Why would she have been unable to get help at a hospital? Most likely, they would have tried to stop her labor, and delivered the baby safely if they couldn't.

People would have stood in line to adopt that little girl, if only she had lived. 28 to 30 weeks' gestation nowadays carries a very good chance of survival and a normal life.

 

[airportwoman]

Evidently, it's rare for a baby to be born still inside an intact amniotic sac. (I'm not a medical professional, just going based on what Google told me)

En Caul Birth: What Is It?

En caul birth is when a baby is born still inside an intact amniotic sac. Learn more about what causes it, why it’s important, and what to expect.

www.webmd.com

My sibs and I were born back in the days when, upon arrival at the hospital, women were shaved, given an enema, and then had their water broken if it hadn't happened already. My mother said that all of us had very tough amniotic sacs, almost like leather.

 

[Tower]

From my experience, it is very common for a mother to be charged with felonies if she or her newborn baby tests positive when at the hospital to give birth.

But currently, I think a bigger concern for pregnant women is the changes to abortion laws, different by state but some of which are more than draconian and which have made some doctors and other healthcare providers afraid and/or unwilling to provide care to certain pregnant women for a variety of reasons, because of a very real fear of being charged criminally themselves, if anything they do results in a premature end to the pregnancy which some lawmakers and law enforcement might consider as abortion in their interpretation of the new laws.

Someone already posted more than one article addressing this issue above, about women who were denied or delayed care by hospitals, sometimes resulting in death.

I have never seen a woman charged with a felony for being high when delivering at a hospital in my state. We can debate all of the moral, ethical and medical issues, but if pregnant women were immediately charged with a felony for showing up high to deliver at a hospital, we would almost certainly see an increase in infant deaths due to deliveries at home or in restaurant bathrooms. Moo

 

[airportwoman]

I don't think a lack of insurance is a valid reason to fear seeking medical assistance. I do think a lack of citizenship or outstanding felony warrants, involvement with CPS for other children, etc might play a role in someone's decision to attempt to deliver their child in secret in a fast food restaurant and dispose of the result of that labor though. Not a single one of those listed evokes any empathy or sympathy from me. JMO

My own guess was that she had some kind of warrants or CPS involvement, and didn't want any involvement with either if she went to the hospital. (As if giving birth in a busy fast-food restaurant was going to be any more private?)

 

[sunspun]

I have never seen a woman charged with a felony for being high when delivering at a hospital in my state. We can debate all of the moral, ethical and medical issues, but if pregnant women were immediately charged with a felony for showing up high to deliver at a hospital, we would almost certainly see an increase in infant deaths due to deliveries at home or in restaurant bathrooms. Moo

I'm only going from what I know from my own experience, but it's worth noting that, as someone above already posted, that our infant mortality rate in this country is abnormally high. Is this a contributing cause? I don't know.

 

[Soulmagent]

As far as I know, there are no charges brought against these women that use during pregnancy. These poor children are born with so many disabilities and are forced to stay with their drug addicted mother.

I live in VA and here they will charge you and take your baby, rightfully. TX is also a commonwealth state but there are so many variable factors on how the court rules and how judges interrupt law. Anyone who thinks Judge Judy was the greatest ever ,is very mislead about law.

 

[tlcya]

As far as I know, there are no charges brought against these women that use during pregnancy. These poor children are born with so many disabilities and are forced to stay with their drug addicted mother.

while mothers with babies born with drugs in their systems may not be criminally charge, CPS involvement is automatic from my understanding. hospital staff/medical professionals are mandated reporters. If a mother delivers a child with drugs in her or their system and they have other children I can see the fear of CPS involvement or CPS escalation if already involved with the family being a motivating factor in refusing medical treatment/prenatal and post natal care. JMO

 

[mickey2942]

My own guess was that she had some kind of warrants or CPS involvement, and didn't want any involvement with either if she went to the hospital. (As if giving birth in a busy fast-food restaurant was going to be any more private?)

This woman may be homeless, so a fast-food restaurant was where she went. My own opinion is that there are more "silent" at home births than anyone knows. And the mother is better at disposing the fetus.

My grandmother and great grandmother used to help women with these situations. Long before Roe v. Wade, women helped other women out.

 

[tlcya]

The medical examiner has not yet issued a cause of death.

Mallori Patrice Strait, 33, has been charged with abuse of a corpse and is being held on a $100,000 bail.

Texas has a safe haven law in which a newborn can be brought to a safe space and left with no questions asked.
Texas Mother Arrested After Newborn Found Dead in Whataburger Toilet

She had options. She chose not to avail herself of them. I find the suggestion that this woman should be given a by offensive. MOO

If she has other children I hope they are in good, safe, capable hands.

 

[MissMalowe]

*Edited bc I accidentally posted before even finishing the first sentence.*

I don't think this article has been posted yet which includes more details from the arrest affidavit than some of the other articles I read- though they're kind of disturbing....

The report states a firefighter "had to physically grab the [baby] and pull on the [baby] to remove the body from inside the 'U trap' of the drain on the toilet."

A doctor told police the child's injuries, including a misshapen head, were "consistent with the child being forced into the drain, and by suction" from flushing the toilet.

For some reason I had previously assumed she probably attempted to flush several times but that nothing actually went down and baby & everything was just in the bowl- the U trap was further than I had originally figured.

 

[LaborDayRN]

while mothers with babies born with drugs in their systems may not be criminally charge, CPS involvement is automatic from my understanding. hospital staff/medical professionals are mandated reporters. If a mother delivers a child with drugs in her or their system and they have other children I can see the fear of CPS involvement or CPS escalation if already involved with the family being a motivating factor in refusing medical treatment/prenatal and post natal care. JMO

This is true at the hospital that I worked in. I worked in L&D for many years. We worked rather closely with the county and if the mother had an open case with CPS we were subtly made aware of it upon their registration when arriving to the hospital in labor. When admitting banded the arriving mother there would be a capitol letter on the band that let us know they had an open case.
Cord blood was always collected at births in our hospital.

 

[Stunned]

Not wanting to be argumentative or split hairs, but not wanting misinformation based on the little we do know to be repeated or misunderstood either. This was not a miscarriage. Miscarriages occur prior to 20 weeks gestation and are considered to have basically 0% viability.

What we are discussing here in this case is either a stillbirth (fetal demise in utero or during childbirth) or preterm labor which resulted in a premature live birth at 28 weeks. At this point, no further info has been released in terms of autopsy results and/or whether they were able to determine if the baby was stillborn or born alive. It may also be worth noting that at 28 weeks, survival rates are at least 80%, with some studies, such as one at Duke University reporting a 94% survival rate of babies born at 28 weeks. So if one goes to the hospital and receives care at that stage, the outcomes are surprisingly good. I also attempted to look up numbers/percentages for the ability to stop preterm labor with medical interventions, but could only find a lot of info about the standard methods/medicines used to treat preterm labor, not really exact percentages as far as success rates to term or how long (on average) it was able to be delayed but perhaps I just didn't dig enough because I can't imagine there hasn't been studies/reports on that with more detailed data.

Survival Rates NIH
Survival Rates Duke
Stillbirth

Also of note, slightly off topic perhaps but may be interesting and/or shocking to some; Despite the most healthcare spending, having some of the highest ranked hospitals, and the top medical schools in the world, the US has the highest infant and maternal mortality rates compared to any other high-income countries.

AJMC
USNews Universities
Newsweek Hospitals

I wonder of she was aware she was that far along without any prenatal care?

 

[CrimeDawg123]

I wonder of she was aware she was that far along without any prenatal care?

We can guess that she knew she was pregant but maybe not how far along. Did she go into the Whataburger because she didn't feel well? Maybe she thought it would pass and had no idea that she was about to deliver. It had to be quite a shock.

 

[MsMarple]

Some court information: a search on Bexar county court records returns a few cases including shoplifting in 2015, an eviction from 2016-17, a custody case in 2018 and the current charge.

Bexar County Justice Portal

portal-txbexar.tylertech.cloud

Strait, Mallori

She has a pre- indictment setting scheduled for February 20, 2025. No word on autopsy results.

IMO defendant appears to have had some rough years but that in no way justifies trying to flush a possibly live infant down a public toilet. That’s all I’ll say for now.

 

[Rosydecember]

Some court information: a search on Bexar county court records returns a few cases including shoplifting in 2015, an eviction from 2016-17, a custody case in 2018 and the current charge.

Bexar County Justice Portal

portal-txbexar.tylertech.cloud

Strait, Mallori

She has a pre- indictment setting scheduled for February 20, 2025. No word on autopsy results.

IMO defendant appears to have had some rough years but that in no way justifies trying to flush a possibly live infant down a public toilet. That’s all I’ll say for now.

Hmm…. A custody case would indicate that she would know the typical pregnancy symptoms since she would have been pregnant before MOO

 

[IzzyBlanche]

I am not going to judge this woman until I know more.

She may have been in denial about being pregnant until she went into labor. Maybe she denied it because it resulted from rape or incest.

She may have serious mental health issues. (I expect she does.)

I don't know what her educational background is, and what resources she has, but in the WP article linked above, even Texas says they haven't done a good job advocating for the places where you can safely leave a newborn you don't want.

So maybe she didn't even know that was an option.

Not judging until I know more.

JMO

 

[Stunned]

Hmm…. A custody case would indicate that she would know the typical pregnancy symptoms since she would have been pregnant before MOO

Or a custody case because of a mental illness? IMO