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Indra Book, 20, pleaded not guilty Friday to first-degree intentional homicide and concealing a corpse after La Crosse County Circuit Judge Scott Horne denied a defense motion to drop the homicide charge.
Prosecutors claim Book, then 19, failed to feed or provide essential care for her daughter after giving birth alone Aug. 17, 2007, at her former residence at 813 S. Sixth St., leading to the infant’s death within a day.
Book then placed the body outside in a plastic cooler, which later was set out for trash collection, according to the criminal complaint. The container and baby’s remains have not been found.
But when Book was charged July 18, public defender Vincent Rust argued Book’s “omission” of care doesn’t constitute the intent required for first-degree intentional homicide.
La Crosse County District Attorney Tim Gruenke countered that Book’s failure to care for her baby before and after birth does support intent.
Horne capped off the 35-minute hearing Friday by saying that when he viewed the evidence in “a light most favorable to the state, as required by law,” the charges against Book should stand as filed for now.
“There are competing inferences, but I am not expressing an opinion as to which of the inferences may be the strongest,” Horne said. “Obviously, the standard that applies at this point is not the standard that would apply ultimately to the determination of guilt and innocence.”
If the case goes to trial, the jury could have the option of considering whether Book was guilty of a lesser offense, such as reckless or negligent homicide, Horne said.
Again, the judge stressed he was not expressing an opinion on that issue.
“That’s something that will be decided at a later date, under a different standard that applies in evaluating the criminal complaint and the testimony at the preliminary hearing,” Horne said.
A status conference in the case was set for 9 a.m. Oct. 7.
Book, now of 1251 S. 17th St., remains free on $10,000 cash and a $40,000 property bond.
