Respondent, M.F., is charged with Murder in the Second Degree. At the time of the accident, respondent was 13 years old. This case stems from the death of respondent’s newborn baby. On January 14, 2005, the deceased was found inside a paper bag on the steps of church. Respondent was arraigned in Bronx Criminal Court for the murder of the deceased on March 21, 2005, the case was removed to Bronx Family Court where respondent made her initial appearance on March 22, 2005. The fact finding began on March 7, 2006 and concluded on November 30, 2006.
On it’s direct case, the presentment agency, represented by the Office of the Bronx District Attorney, put forth several witnesses. AMP, respondent’s friend, KP, AMP’s sister, Emergency Medical Technician and Paramedic, Detective IB, Detective Joseph JN, Detective RG, Medical Examiner and L.B., the father of the deceased baby.
Emergency Medical Technician and paramedic testified that on January 14, 2005 he was working the overnight shift with his partner. At approximately 8:24 p.m., EMT responded to an assignment at East 183rd Street. Upon arrival at the Prince of Baptist Church located at183rd Street between Park Ave. and Washington Ave., EMT observed a happy birthday bag. Looking into the bag, EMT observed a limb that he determined to be flesh and called the police. EMT observed the weather conditions to be 14 degrees and pitch black. Once the bag was brought into the ambulance, EMT observed a baby wrapped in t-shirts with his umbilical cord and placenta intact. He unwrapped the baby and checked the umbilical cord for a pulse, there was nothing. The baby’s temperature was equal to that of the temperature outdoors and he had cranial facial trauma with blood around the nose and mouth. EMT also hooked up the baby to a cardiac monitor to determine electrical activity, there was none. EMT conceded that he had no personal knowledge of the time of death, or infliction of the fatal injury. However, based on his observations and tests, EMT determined that the baby was dead and pronounced the time of death to be 8:28 p.m. EMT transported the deceased to the morgue.
NYPD Detective IB, of the 48th precinct was assigned to investigate this injury case on January 14, 2005. Det. IB arrived at the Prince of Baptist Church after the deceased had been removed from the steps. Det. IB had the opportunity to view the deceased inside the ambulance. On January 15, 2005, Det. IB attended the autopsy of the deceased where the medical examiner determined the cause of death to be blunt force trauma. As a result of this information, Det. IB declared this case a homicide. On January 15, 2005, J. L. went to the 48th precinct and spoke with Det. IB. J. L. relayed information that led Det. IB to AMP who informed the detective of the respondent’s address. Det. IB along with Det. RG, Det. M and the lieutenant entered the respondent’s apartment on the consent of her mother. Inside the apartment, Det. IB observed what appeared to be blood on the respondent’s bedroom windowsill. The respondent and her mother agreed to accompany the detectives to the 48th precinct. The respondent and her mother were informed of respondent’s Miranda rights which were waived and respondent gave a written statement. Respondent was transferred to the St. Barnabas Hospital for psychiatric stabilization and then to the psychiatric facility where she remained throughout the pendency of this case. On January 19, 2005, pursuant to valid search warrant Det. IB entered the respondent’s apartment and again observed what appeared to be blood on the windowsill and the window guard on the right bedroom window. Det. IB observed a stopper on the window which prevented it from opening all the way. Det. IB also went out into the alleyway and observed the cement floor underneath the respondent’s bedroom window. The window guard was removed, vouchered as evidence and taken to the medical examiner. Det. IB arrested the respondent on March 22, 2005.
Detective JN of the Crime Scene Unit was assigned the instant case on January 19, 2005. Det. JN went to respondent’s home along with Det. Steiner, Det. IB, Det. and the medical examiner who performed the autopsy on the deceased. Respondent’s mother and father were also present. Det. JN took photographs and measurements of the south window and window guard in the respondent’s bedroom. He also made a rough sketch of the window guard. Det. JN then called emergency services to remove the window guard which was then turned over to the medical examiner. A computer generated sketch compiled from the rough draft that Det. JN created illustrates that the measurements of the left side of the window guard to be 4½”, 4½”, 4½” and 4½” from the bottom to the top. The center vertical measurements from bottom to top measured 4″, 4″, 4″ with the top measurement equaling 2. The right vertical measurements were 4½”, 4½”, 4½” and 3″ from top to bottom respectively. Det. JN also measured the maximum vertical distance the window opened from the bottom ledge to the safety stop as 1 and 4.
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Similarly, if you know someone who died unintentionally, remember that our seasoned Bronx County Wrongful Death Attorneys will be willing to assist you.