Appeals court clears way for prosecutors to charge woman with murder in death of newborn

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But the unanimous decision issued by the 4th District Court of Appeals, Division One noted that while there was sufficient evidence to bring Kelsey Carpenter to trial, the evidence is of 'the thinnest of margins'

A state appeals court on Friday found that prosecutors can move forward with a murder case brought against an Oceanside woman whose infant died after she gave birth by herself in her apartment.

Carpenter’s attorneys filed the appeal, asking the higher court to dismiss the charges. They argued that prosecuting her was unlawful, because the charges stemmed from actions she took and decisions she made during her pregnancy. Carpenter was home alone in November 2020 when she went into labor and gave birth in an apartment complex off Canyon Drive.

The San Diego County Medical Examiner’s Office determined that the baby died from “methamphetamine and buprenorphine toxicity and unattended delivery.” Buprenorphine is administered to address opioid dependence, and is provided to pregnant women in place of methadone.

Source: Law Daily Report (lawdailyreport.net)

 

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