Sep 25, 2006 7:20 pm US/Pacific
USC Student To Stand Trial In Newborn's Death
LOS ANGELES (CBS) ―
A USC student, 21, whose newborn son was found dead in a trash bin last October was ordered Monday to stand trial on murder and child endangerment charges.
After a 1 1/2-day preliminary hearing, Los Angeles Superior Court Commissioner Ronald Rose rejected defense attorney Mark Geragos' request to dismiss the case against Holly Ashcraft.
The commissioner said the prosecution had presented sufficient evidence that the baby was born alive, apparently outside of a hospital, with a fire station less than a half-mile away.
Ashcraft, who is free on $200,000 bail, will be subject to electronic monitoring, but the commissioner said she can have two hours of free time a day.
Ashcraft, who is from Billings, Mont., is due back in court for arraignment Oct. 10.
In testimony Monday, Dr. David Whiteman with the coroner's office said the death of the baby known as John Doe No. 171 was classified as a homicide and caused by "peripartum demise" -- near the time of birth -- due to pre-maturity and other factors.
The deputy medical examiner testified that he concluded that the baby had been born alive at about 32 weeks gestation.
"I do believe that the child lived for a period of time," he said. An autopsy report determined that the baby's death was due to "caretaker neglect," according to Whiteman, who said intentional asphyxia could not be ruled out.
Ashcraft's attorney told reporters outside the courtroom that there will be a "huge issue" over whether the baby was born alive or stillborn.
"I don't think there's any evidence the baby was born alive," Geragos said.
The defense attorney -- who had argued that the case was one of involuntary manslaughter at best -- said he will ask a Los Angeles Superior Court judge to dismiss the murder charge before the case gets to trial.
As for his client's status as a third-year architecture student at USC, the lawyer said Ashcraft is in a "state of limbo" pending the criminal proceedings against her.
Ashcraft was first investigated by police in April 2004, when she arrived bleeding at a downtown hospital and doctors determined she had given birth.
She claimed she had given birth to a stillborn, but the baby's body was never found and she was never arrested or charged in connection with that infant.
Ashcraft was advised at that time by an LAPD detective that it was a crime to dispose of a baby in the trash and told about the state's Safe Haven law, which allows newborns to be dropped off at a hospital or fire department without fear of prosecution, another detective testified.
Last October, officers found the newborn boy's body behind The Two Nine at 2827 S. Hoover St. last October, after they were alerted by a homeless man, who called 911 and said he had discovered the baby. The bar-restaurant, which was closed at the time, is a popular hangout for USC students.
The body was inside a white box, along with some paper trash, according to police.
If convicted of first-degree murder, Ashcraft faces 25 years to life in prison.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
