A mother who was accused of murdering her baby daughter and then living with her dead body for three months has been released from jail.
Authorities said they released 28-year-old Christina Colantonio, from Batavia, New York, on Tuesday because they have not determined whether or not her baby was alive when she was born.
They cited lack of evidence, but the charges are still pending against her.
Police had responded to a call on Thursday from an acquaintance of Colantonio who reported a "suspicious condition" at the woman's apartment. Authorities found the child's body.
They claimed Colantonio killed the girl "shortly after birth" about three months ago and she was charged with second-degree murder.
But the charge required them to prove the baby had been born alive.
The medical examiner said they have been unable to establish that because of “the lengthy passage of time between delivery and discovery of the body."
The Genesee County district attorney's office said on Tuesday that it can't present the case to a grand jury without such evidence and can't keep the woman in jail.
The prosecutor stresses the investigation continues and the murder charge is pending.
The woman's lawyer has said they won't comment.
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