Originally published Wednesday, August 20, 2008 at 12:00 AM
Lacey woman charged with murder in newborn daughter's death
A Thurston County prosecuting attorney filed a second-degree-murder charge Monday against a Lacey woman in connection with the death of her newborn daughter.
The Olympian
A Thurston County prosecuting attorney filed a second-degree-murder charge Monday against a Lacey woman in connection with the death of her newborn daughter.
Deputy Prosecuting Attorney Christy Peters said it is clear — based on a review of police reports, autopsy results and transcripts of detectives' interviews — that Jessica L. Wemhaner, 29, intended to kill her daughter without premeditation.
Wemhaner's arraignment is scheduled for Tuesday in Thurston County Superior Court.
Her court-appointed attorney, James Shackleton, did not return a phone message Monday.
Last week, a judge found probable cause that Wemhaner be held on investigation of first-degree manslaughter. Authorities initially had maintained Wemhaner's recklessness in not seeking proper medical care caused the death of her newborn. Peters concluded the evidence did not rise to the level of first-degree murder, which involves premeditation, or some degree of consideration and planning.
On Aug. 10, Wemhaner was transported to Providence St. Peter Hospital in Olympia with medical complications. Doctors determined Wemhaner had given birth, but she and her husband, Daniel, denied any knowledge of a pregnancy.
Police searched their house and discovered the body of the newborn in a cabinet below the sink of the master bathroom.
An autopsy Aug. 12 determined the girl was born alive and was breathing after a full-term pregnancy.
Wemhaner eventually admitted that "she believed she was pregnant" between April and June, detectives say. She said she told no one, including her husband, about her pregnancy and never saw a doctor.
Wemhaner told detectives she awoke the morning of Aug. 10 feeling ill and gave birth in her bathroom. She "recalled holding the baby in the bathroom, against her chest, in her arms. She stated that she wrapped the baby in a bath towel and placed it under the sink in the cabinet in the bathroom," court records say.
Investigators are awaiting the results of further testing to try to determine the cause and manner of the newborn's death.
Wemhaner remains in Thurston County Jail, with bail set at $250,000.
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No charges will be filed against her husband, Peters said.
Daniel Wemhaner denied any knowledge of the pregnancy and was "distraught at learning of what was discovered," court records say. Police have said there is no information that proves the baby's father is anyone other than the husband.
Peters said it was feasible that Wemhaner hid the pregnancy given her stature. She is 5-foot-2 and weighs 170 pounds, a pretrial report says.
"It's easier to tell on someone who's naturally thin than naturally heavy," Peters said.
Daniel Wemhaner had been transported to Benton County Jail in Prosser serving his remaining sentence on a conviction for driving under the influence in Olympia. He was arrested by police last week after they learned about his outstanding warrant.
Copyright © 2008 The Seattle Times Company
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