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Fetal Homicide???

 
 
fishin
 
Reply Tue 31 Jul, 2007 07:24 pm
I'm posting this here just to follow along with this case because I find the aspects interesting,


Quote:

DNA Becomes Focus Of Ocean City Deaths
Monday, July 30, 2007
WBAL Radio and The Associated Press

The bodies of four small infants were found at the home of a woman who denied having been pregnant, even after she was taken to a hospital and doctors discovered a placenta and part of an umbilical cord, police said.

Police found the most newly delivered child, a baby boy, in the vanity below a bathroom sink at Christy Freeman's home, according to charging documents. A further search found the corpses of two other babies in a trunk in her bedroom and another in a small recreational vehicle parked in her driveway.

"They were not full-term children," Barry Neeb, an Ocean City Police Department spokesman, said of all the babies.

Freeman, 37, was charged with first-degree murder, second-degree murder and manslaughter in the most recent death. She asked Worcester County District Judge Daniel Mumford on Monday to free her on bond.

"I want to clear my name in this case," Freeman said. "If you offer me a bond, I'm not going to leave ... I'm going to be here. I'm going to help clear this situation up."

Her attorney, Frank Benvenuto, said Freeman was not a flight risk, noting she had lived in Ocean City for 20 years, owns a business and has four children. Freeman is the owner of Classic Taxi in Ocean City.

Deputy State's Attorney Mike Farlow said told the judge that Freeman could liquidate her assets and flee. Mumford granted his request to deny bail and set a preliminary hearing for Aug. 27.

Emergency medical technicians and police were called early Thursday to Freeman's home, an apartment on the second floor of a building less than a block off the Coastal Highway, the main north-south route in this resort town.

Her boyfriend, Raymond W. Godman Jr., said Freeman had passed out in the bathroom and he carried her to the sofa, according to the charging documents. She was lying down and bleeding heavily, and had a garbage bag and towels under her. Freeman told rescue workers she was not and had not been pregnant.

She was taken to Atlantic General Hospital in Berlin, where tests by doctors determined she had been pregnant. Freeman maintained that was not the case, the charging documents said. After she was transferred to Peninsula Regional Medical Center in Salisbury, doctors there found a placenta that was between 30 to 36 weeks old and an umbilical cord with an "irregular cut."

Freeman eventually told police that she had delivered a dead and deformed baby - claiming that she did not see any hands or feet - and that she had flushed the body down the toilet, charging documents said.

Police said they then obtained a search warrant for the home and found the infant wrapped in a white towel with a blue stripe in the cabinet below the bathroom sink. The charging documents described the baby as a "viable fetus/infant," with hands, feet and facial features.

Police then found two other babies' bodies and a placenta in plastic bags in a trunk in Freeman's room. A search Friday of the motor home found a plastic bag with the fourth infant's corpse.

The search of Freeman's property continued over the weekend and resumed Monday with a backhoe, chainsaws and shovels. Police described it as a "complex crime scene" and called in the FBI for help in recovering evidence.

Freeman and Godman lived at the home with her four other children, who police said were safe. Godman is not a suspect in the babies' deaths, police said.

Classic Taxi specializes in using cars from the 1950s and 1960s, according to the company's Web site. On the Web site, Freeman's profile said she and Godman had been a couple since 1988 and her hobbies were "our four children." She said the family were NASCAR fans and liked to fish, boat and camp together. Godman was described as a "motorhead" who, through the company, found a was to fulfill his dream of working on and driving multiple classic cars.

A man who answered the phone at Classic Taxi declined to comment.

Freeman was charged under a 2005 law that specifically banned the killing of a fetus that can live outside the womb. Maryland's chief medical examiner, Dr. David Fowler, has said that generally is at seven months.

She has been charged only with the death of the most recently delivered baby.

Of the other infants, Neeb said "the rest could be a number of years old."

Neeb said the four bodies were sent to the office of the chief medical examiner in Baltimore to determine the causes of death, their ages and how long ago they died. Investigators will also conduct DNA tests to determine whether the babies were Freeman's, Neeb said.

At Dave's Taxi in Ocean City, driver Steve Morris, 45, said he knew Freeman through the town's cab association. He said he had seen her a week ago. "I didn't know she was pregnant and I didn't know she had any kids," Morris said.

He said Freeman seemed like a nice person. "She seemed levelheaded, down to earth. The whole town's shocked," Morris said.

Morris said Classic Taxi has four or five cabs.

Ron Cecil, 71, the owner of Aaron Taxi, also had met Freeman through the taxi association and said he saw her driving a cab several weeks ago. He said she was short and chunky and wore sweatshirts. The charging documents described Freeman as 5 feet, 8 inches tall, and weighing 180 pounds.

"She could have easily been pregnant and it not have been known," Cecil said.

http://wbal.com/news/story.asp?articleid=61326



MD has a fetal homicide law and that appears to be what this woman is being charged under. The law however, exempts the mother from being charged.

Some are claiming that "wanton or reckless behavior" invalidates that exemption in the law but those words don't seem to apper in the law anywhere.

It will be interesting to see how this case progresses and what it will mean (one way or the other) for fetal homicide laws across the country.
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Chai
 
  1  
Reply Tue 31 Jul, 2007 07:36 pm
that article is horrific.
0 Replies
 
fishin
 
  1  
Reply Tue 31 Jul, 2007 07:38 pm
Yeah. I'm wondering if Christy Freeman will ever see a jury. Something tells me she's going to be locked away in a mental ward somewhere.
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old fashioned gali
 
  1  
Reply Wed 1 Aug, 2007 12:20 am
"......................" speechless, just speechless.
0 Replies
 
Phoenix32890
 
  1  
Reply Wed 1 Aug, 2007 04:03 am
fishin wrote:
Yeah. I'm wondering if Christy Freeman will ever see a jury. Something tells me she's going to be locked away in a mental ward somewhere.


I think that says it all, fishin'. Nobody in their right mind would would do what that woman did. I am wondering about the man. Didn't he suspect anything?
0 Replies
 
jespah
 
  1  
Reply Wed 1 Aug, 2007 04:40 am
If the fetuses (or even one of them) turn out to not be hers (via DNA testing), then, hmmm, perhaps she was an abortionist? That was my first thought when I read headlines yesterday but did not have time to read the details until today.

As for the boyfriend, I don't see how he could have been in that much denial as well (a house full of denial). I mean, corpses, regardless of their size, give off, er, an aroma after a while. Even with industrial-strength air freshener. He'd have to not notice this going on -- four times. Who's that clueless?
0 Replies
 
happycat
 
  1  
Reply Wed 1 Aug, 2007 05:27 am
I hate this story.
Ocean City is my favorite place - I hate that this horrible incident happened there and that it's getting national attention.

Freeman's bruises are being examined, to see if they were self-inflicted - I suppose to self induce, or harm the fetus. There is so many questions to be answered....did her boyfriend know? did her other kids know??

Things like this aren't supposed to happen in OC.
Crying or Very sad
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Noddy24
 
  1  
Reply Wed 1 Aug, 2007 06:49 am
My guess is that neither parent is too bright. I'm betting that they couldn't afford funerals, but kept the bodies until they won the lottery some day.

There was a case very like this in Western PA several years ago. The babys bodies were discovered in a bureau in the attic.
0 Replies
 
plantress
 
  1  
Reply Wed 1 Aug, 2007 07:29 am
this is so sad
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happycat
 
  1  
Reply Wed 1 Aug, 2007 09:14 am
Noddy24 wrote:
My guess is that neither parent is too bright. I'm betting that they couldn't afford funerals, but kept the bodies until they won the lottery some day.

There was a case very like this in Western PA several years ago. The babys bodies were discovered in a bureau in the attic.


She owns a profitable cab company that uses classic cars, so I doubt if that's the case.
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Noddy24
 
  1  
Reply Wed 1 Aug, 2007 01:31 pm
Happycat--

You may well be right about Mama's brain power. Still, collecting fetuses isn't a normal hobby.
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happycat
 
  1  
Reply Wed 19 Sep, 2007 05:14 pm
UPDATE

Charges Dropped Against Woman Accused Of Killing Fetuses
POSTED: 4:26 pm EDT September 19, 2007
UPDATED: 6:17 pm EDT September 19, 2007


SNOW HILL, Md. -- All charges were dropped Wednesday against Christy Freeman, a woman accused of killing her newborn child in 2004 and keeping other sets of fetal remains around her Ocean City home.

Worcester County State's Attorney Joel Todd asked a grand jury in closed-door proceedings Wednesday to dismiss the murder charges, said Barry Neeb, an Ocean City Police spokesman.

Neeb said the dismissal came because of insufficient evidence after a medical examiner's report.


"They decided that they were not going to hand down any charges, any indictments on Christy Freeman based on the evidence submitted," he said.

Freeman had been held without bond since July, when she went to a hospital with heavy bleeding and doctors discovered she'd recently given birth. Investigators found the baby - and three more sets of tiny human remains - at Freeman's house.

Freeman was originally charged with killing her unborn fetus in July, but those charges were later dropped after an autopsy showed that fetus was stillborn. Prosecutors later charged her with killing another child in 2004, based on interviews with Freeman.

Officials at the Worcester County jail could not immediately say whether Freeman had been released. Todd, the prosecutor, did not return calls for comment Wednesday. He planned to hold a news conference Thursday about the case.

Kimberlee Schultz, a spokeswoman for Freeman's lawyer, public defender Burton Anderson, said the defense was not surprised charges were dropped.

"She's always maintained her innocence, so we're happy," Schultz said. At her first court appearance on July 30, Freeman pleaded not guilty and told a judge, "I want to clear my name in this case."

Anderson was out of town Wednesday, and Schultz did not know Freeman's whereabouts.

The case was complicated from the start. Freeman said the dead children were hers, but that she did not kill them. Maryland law expressly protects women who abort their own unborn children from criminal prosecution. It was not clear whether it was a crime to keep human remains of miscarried children.

The case began when Freeman, a 37-year-old taxi driver and mother of four living children, went to the hospital in July after giving birth.

Police searched of Freeman's home for the baby, and investigators found a recently deceased fetus under the bathroom sink. They also found three more sets of older human remains, two in a trunk in the living room and one in a Winnebago parked outside.

After an initial exam showed the recent fetus was born dead, prosecutors dismissed murder charges against Freeman, but charged her with killing one of the children found in the trunk. That charge accused her of giving birth to twins on the toilet in 2004 and allowing one of them to die. That was the charge dismissed Wednesday.

Neeb said the dismissal came after prosecutors got more information from the state medical examiner. There was insufficient evidence to charge Freeman with a crime in any of the remains found.

"Everything truly hinges on the medical examiner's report," he said.

Neeb said no further investigation was planned.

"There are no charges pending or anticipated," he said.

Schultz said she hoped the public would leave Freeman and her longtime boyfriend and four living children alone. As investigators sifted through Freeman's yard in August, there was a report of vandalism at the couple's taxi service.

"Given the high degree of publicity and sensationalism of the case, we're hoping her exoneration will be as widely reported and that she and her family will be allowed to return to private life," Schultz said.

Neil Jacobs, president-elect of the Maryland Criminal Defense Attorney's Association, said prosecutors appeared to have been tripped up by assuming all the children were fetuses when they died. In such cases, Maryland's fetal homicide law does not apply because it exempts women from acting to terminate their own pregnancies.

"You're sort of stuck with that, and from there, there just wasn't enough to support a reversal of their original conclusions and determinations," said Jacobs, who was not involved in the case.

However, Jacobs said Freeman may face a difficult time moving beyond the accusations.

"Unfortunately, people are charged in big print and oftentimes their cases are disposed of in small print, and oftentimes it's almost impossible for someone to totally get back their standing in the community," Jacobs said.
0 Replies
 
fishin
 
  1  
Reply Wed 19 Sep, 2007 06:18 pm
Thank you for posting that happycat! Smile I haven't seen anything about it yet anywhere else.

So it appears that the exemption for the mother in the law prevails after all. Hopefully she's learned that she should be contacting medical assistance when she miscarries in the future (and I suspect she will...)

The people vandalizing their property need to be slapped and forced to pay for their own actions. Yeash!
0 Replies
 
happycat
 
  1  
Reply Wed 19 Sep, 2007 06:59 pm
fishin - My friend and I were talking the other night about how this story just dropped off the radar...and then this story comes out today.

I'm glad to see it's been resolved in her favor.

But it's still an odd thing.
0 Replies
 
happycat
 
  1  
Reply Fri 21 Sep, 2007 05:53 am
Woman considers lawsuit against the county
POSTED: 10:40 am EDT September 20, 2007
UPDATED: 6:25 pm EDT September 20, 2007

SNOW HILL, Md. -- Christy Freeman, the woman accused of killing her newborn child in 2004, said Thursday she may sue county authorities after a medical examiner's report concluded there is no proof the child -- and three more sets of human remains found at Freeman's home in July -- were ever alive.

Speaking briefly to reporters, the 37-year-old Ocean City businesswoman thanked those who supported her after four sets of fetal remains were found at her home in July.

"I just wanted to say thanks to everybody who gave me a fair shot," said Freeman, who was released Wednesday after almost two months in the Worcester County Jail on charges of killing her newborn infant by allowing it to drown in her toilet in 2004.


Freeman and her longtime boyfriend, Ray Godman, issued a written statement that blasted local authorities for charging Freeman with murder after she went to a hospital earlier this summer with heavy bleeding and investigators found four set of fetal remains on her property.

"The devastation done to her business and her reputation because of all the media hype could have been avoided" if investigators hadn't "rushed to judgment," the statement read. The couple appeared with an attorney and said they are mulling a lawsuit.

The charges against Freeman were dropped Wednesday when Worcester County State's Attorney Joel Todd told a grand jury there was insufficient evidence to prosecute her.

Talking to the press Thursday, Todd explained that a report from state medical examiner Dr. Tasha Greenberg concluded there was no proof the babies were ever alive. Some of the remains were years old.

In a murder case, Todd explained, "you have to prove that the victim of that homicide had ever lived."

Todd said the medical examiner concluded that because Freeman had a history of stillborn births, because there was an infection present in the placenta of the most recent fetus, and because Freeman was a tobacco user and possibly a cocaine user, the deaths could have occurred naturally.

"There was insufficient evidence to support an indictment," said Todd, who said there will be no future investigation into further charges.

Asked whether women who miscarry are compelled by law to dispose properly of the remains, Todd replied, "There should be," but then backtracked and said he knew of no such crime.

"Our investigation did not get into that," he said.

Todd also said, "The office of the state's attorney does not prosecute cases based on personal feelings."

Todd insisted he had no regrets about pursuing murder charges based on Freeman's statements before getting the full medical examiner's report.

"Nothing was done wrong here," he said. Later, he said, "Sometimes justice requires you to let the suspect go, and that's what happened in this case."

In addition to Todd, Freeman and Godman's statement criticizes Ocean City Police Chief Bernadette DiPino, accusing her of failing to conduct a proper investigation before charging Freeman and needlessly damaging their property.

DiPino was out of town attending to a family matter and unavailable to comment Thursday, but Ocean City police spokesman Barry Neeb said: "We don't find her complaints to be credible in the slightest bit.

"Our officers performed a very thorough, meticulous, professional and ethical investigation. Sometimes investigations aren't pretty. Sometimes they involve things like digging up a yard or damaging walls in a house, but this situation warranted it. ... We would not have changed anything we did in this investigation," Neeb said.

The statement also names Worcester County District Judge Daniel R. Mumford, accusing him of wrongly postponing Freeman's preliminary hearing. Mumford presided over Freeman's bail review hearing, but he said Thursday he had no further involvement in her case and did not sign the postponement order.

After speaking to reporters, Freeman and Godman walked outside and drove off in a gold 1966 Pontiac Star Chief, one of the cars in the couple's fleet of classic cars used for their taxi service.

Godman called the case an "ordeal," but the couple did not answer reporters' questions about why Freeman kept her dead fetuses around the house or whether she had used cocaine.

The couple are parents of four living children. Godman said the couple would now try to revive business at their taxi service.

"We're just going to get on with our lives and try to get our business up and running and get on with our lives," Godman said.

In their statement, the couple said that the deaths of the babies were miscarriages and that authorities should have waited for medical reports before charging Freeman.

"If an investigation had been done Miss Freeman would have never been charged with anything," the statement read. "When it's all said and done, the reality of this situation is Miss Freeman had four miscarriages over a period of five years."
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