A 20-year-old who allegedly gave birth and buried her baby in her backyard wants the charges against her dropped.
Brooke Skylar Richardson, who is a former cheerleader, was 18 when a doctor called authorities after suspecting Richardson may have delivered a baby. Police searched her home and found the baby buried in the backyard.
Richardson admitted to burying the baby there, according to her attorneys, who say she did so only after she saw the baby was stillborn.
Richardson is charged with murder, involuntary manslaughter, gross abuse of a corpse, tampering with evidence and child endangerment, but now her attorneys are arguing to have her charges dismissed.
Her attorneys said a pathologist for the prosecution initially claimed the baby’s body had been burned before burial, but later recanted that finding.
The defense filed a motion to have her charges dismissed on Aug. 1, based on the inconsistency.
The prosecution has countered by saying that the fact that they could not back up that finding shouldn’t negate other evidence “that Richardson caused the death of her baby, created a substantial risk of health or safety to her baby, or buried her baby,” People reported.
Prosecutors have argued that Richardson did not want to be a mom, and doctors said in the months leading up to giving birth, she didn’t go for ultrasounds or have any check-ups, according to reports.
The defense maintains that the baby Richardson gave birth to was a stillborn, even though authorities have claimed the baby was born alive.
Richardson’s trial is set for Sept. 13. She has pleaded not guilty.