Shocking details of teen's baby's death

BAYTOWN, TX The medical examiner has ruled the baby's death a homicide. Police believe the girl tried to flush the baby down a toilet after giving birth in her middle school's bathroom.

It was a shocking story -- a 14-year-old girl gives birth to a child inside a middle school bathroom. Now even more shocking is how the medical examiner says that baby died.

According to the initial autopsy, the infant died from being submerged in the school's toilet. The baby also had paper lodged in his throat. The medical examiner also found signs of blunt trauma to the baby's head and neck.

"We understand that (the mother) had gone to the nurse, had complained about a stomach ache, then had gone to the bathroom and that's when she saw a lot of blood," explained Estella Olguin with Child Protective Services.

Initially the baby's 14-year-old mother claimed she did not know she was pregnant. However, Child Protective Services now says she was aware.

Olguin said, "She didn't tell anyone about the pregnancy, although she wasn't aware of what was happening that day."

While the autopsy results are only preliminary, it does rule out that the baby died of natural causes. It will now be up to the district attorney to determine if criminal charges will be filed.

KTRK-TV legal analyst Joel Androphy said, "Nothing's easy when you're trying to convict a 14-year-old for killing her baby, but the evidence seems to be very strongly weighted for the district attorney's office and the state."

The girl's attorney, Gerald R. Yoakum, did not want to talk about the results until a more comprehensive report is released. He does say, however, "The juvenile is currently under the care of a psychologist and undergoing intensive therapy."

"Are there any defenses? Possibly. It's going to be an uphill battle for her," Androphy said.

Both the police department and the district attorney's office are waiting for the more comprehensive final autopsy report before determining if the girl will face criminal charges. If the 14-year-old is charged with capital murder, she could face that charge as an adult.

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