Story originally printed in the La Crosse Tribune or online at www.lacrossetribune.com
Published - Friday, July 25, 2008
Judge delays decision on first-degree intentional homicide charge in infant's death
A judge Thursday delayed his decision on whether to dismiss a homicide charge against a La Crosse woman accused of letting her newborn daughter die.
At issue is whether 19-year-old Indra Book’s failure to provide care for the infant after giving birth at home Aug. 17, 2007, constitutes criminal intent and supports a first-degree intentional homicide charge.
La Crosse County Circuit Judge Scott Horne agreed to hear arguments on the motion to dismiss during Book’s preliminary hearing Thursday but reserved a ruling until the attorneys submit written briefs. No date was set for deciding on the motion, filed Wednesday by public defender Vincent Rust.
La Crosse County District Attorney Tim Gruenke argued Book’s actions indicate intent. She concealed her pregnancy, did not seek prenatal care and had sought an abortion that was denied because the pregnancy was too advanced, he said.
After giving birth alone in a bathtub, Book took her daughter into a garage, away from friends and family who might have given care to the child, Gruenke said.
“She basically took a human being and put it in a place that was secluded so she could accomplish her intent, which was to end the baby’s life so that she did not have to deal with it,” Gruenke said.
Book tried only twice to breastfeed and abandoned further attempts knowing the infant wouldn’t survive, Gruenke said.
Rust argued the facts of the case don’t rise to the level of first-degree intentional homicide.
“Broadly, they’re saying the baby died because Indra omitted care for the baby,” Rust said. “I don’t believe the state can assert just because the baby is dead ... that’s represented of the intent to omit care.”
After the early-morning delivery, Book wrapped the infant in a towel and fell asleep on a couch in the garage with the baby for eight hours. The newborn was moving but never cried and took only shallow breaths, according to the criminal complaint.
La Crosse police Investigator Jason Mahairas testified Thursday that Book, “indicated that, yes, she knew the baby was going to die if she did not give it any further care.”
While Book denied doing anything to assist in the death, such as suffocating the infant, Mahairas testified she said, “she couldn’t do anything worse than doing nothing at all.”
Book discovered the infant had died about eight to 12 hours after her post-birth nap. She put the body in a white plastic foam cooler and placed the container between two garages, where it was hidden by vegetation, according to the complaint.
She also has been charged with hiding a corpse.
Adam O’Connor, 21, of 813 S. Sixth St., later admitted he was aware the cooler contained the baby’s remains when he put it in an alley for trash collection in March, the complaint stated. The cooler has not been found.
O’Connor was arrested July 11 on charges of party to the crime hiding a corpse and obstructing officers and will appear in court Tuesday.
Horne reserved binding Book over for trial Thursday — as typically is done at a preliminary hearing — until the briefs are filed. Book did not enter a plea.
Book, of 506 Farnam St., Apt. 1, remains in the La Crosse County Jail on $50,000 cash, but a hearing to discuss bond is set for 1:30 p.m. today.
To see the full criminal complaint, click here.
Anne Jungen can be reached at (608) 791-8224 or ajungen@lacrossetribune.com.
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