Girl Won’t Be Charged in Baby’s Death

No criminal charges will be filed against a 15-year-old honors student whose newborn baby drowned in a high school toilet, prosecutors said Thursday.

The decision was made after an extensive investigation turned up evidence to support the girl’s statement that she was sick and dazed after the birth and did not intend to kill the child, according to Orange County Deputy Dist. Atty. John Conley.

Prosecutors had already ruled out murder charges against the Vietnamese-American sophomore, whose culture frowns on unwed mothers. But they had left open the possibility that she was criminally negligent. That could have meant involuntary manslaughter or child endangerment charges.

Conley said the Santiago High School student, who had concealed her pregnancy by wearing baggy clothes, was not aware that the baby’s birth was imminent.

The girl gave birth so quietly, making only grunting sounds, that other girls in the school restroom did not realize she was giving birth, Conley said. When they heard a baby cry and then a splash, they asked if everything was all right.

“There was no response for awhile, then eventually a ‘Yeah,’ in a strained voice,” Conley said.

The girls went to fetch the school nurse, and paramedics arrived roughly 10 minutes after the birth. But by that time the 6-pound baby boy was dead.

Despite a meticulous police investigation, Conley said he expected criticism whatever decision he reached.

The key question was whether she showed a reckless disregard or indifference to human life that could be considered criminal negligence, Conley said.

“The doctors have indicated to us that it would take about four minutes for the baby to drown,” said Conley. “She says during that period of time she was really sick and close to blacking out, and it never crossed her mind to pick up the baby.”

Conley said medical evidence appears to back her up. When paramedics found the girl, her blood pressure was very low, and doctors later described her as in shock.

“We’re not saying she handled the situation as she should have done, but we are saying she’s not a criminal,” Conley said.

The girl, whose name is being withheld, has been released from UCI Medical Center in Orange and is home with her parents.

Vietnamese community leaders said pregnant teens are considered a disgrace to their families and frequently kicked out of their homes.

But Jacqueline Adams, a clinical social worker at UCI Medical Center who counseled the girl and her family, said the parents were becoming more supportive, and have agreed to allow the girl to see a Vietnamese-American therapist and change schools.

“I think they’re at the point of accepting that this happened. But in terms of forgiveness, that’s a long, long process,” Adams said.