Advertisement
Indra Book is accused of letting her infant die by not providing feedings or other proper care after giving birth alone Aug. 17, 2007, at her former residence at 813 S. Sixth St., according to the criminal complaint.
 |
Public defender Vincent Rust has challenged the homicide charge, contending Book’s “omission” of care doesn’t constitute the intent required to support first-degree intentional homicide.
But in his eight-page brief, La Crosse County District Attorney Tim Gruenke argued other courts have ruled omission can be the basis for a homicide charge.
Gruenke cited numerous cases, including a Texas court ruling that states, “The omission by a parent to perform his statutory parental duty which results in the death of the child, if done intentionally and knowingly, is murder.”
Book, 20, told authorities she tried to breastfeed but was unsuccessful. She admitted she knew the baby would die if not fed, according to the complaint.
“First-degree intentional homicide is committed by causing the death of another where the defendant is aware that her conduct … was practically certain to cause death,” Gruenke wrote in his brief.
La Crosse County Circuit Judge Scott Horne asked the attorneys file the briefs after Rust made a motion to dismiss the homicide charge July 23. Horne will review both briefs and rule on the motion Friday.
Rust argued in his brief the state has not proven Book acted with the “specific intent to kill.”
Gruenke said Book had no intention to care for the infant after giving birth because she did not seek prenatal care or supplies for the newborn, such as formula, diapers and clothing.
“The defendant admits knowing her conduct was practically certain to cause death and her behavior before the birth, during the victim’s life and after the death support an inference she did not want the victim to live,” Gruenke stated.
After delivery, Book cleaned up any evidence of the birth and took the newborn to a secluded garage.
“… She did not want the child discovered by anyone else ... and (she) was going to wait for the death to occur so she could then hide the victim’s body,” Gruenke stated in the brief. “…The victim died a slow death. The defendant did not attempt any lifesaving measures or call for help even though she would have watched her die.”
Book placed the body outside in a plastic cooler, which later was set out for trash collection. The container and baby’s remains have not been found. She also has been charged with hiding a corpse.
Book, now of 1251 S. 17th St., remains free on $10,000 cash and a $40,000 property bond.
cylent wrote on Sep 4, 2008 12:19 AM: