Teens Not Responsible for Baby’s Death, Attorney Says at Hearing

Two teenagers accused of killing their newborn son weren’t responsible for the infant’s death because the baby was brain-damaged before birth, a defense lawyer said Tuesday.

Amy Grossberg and Brian Peterson Jr., looking scared and nervous, sat one seat apart in the courtroom and spoke quietly for a few minutes before the judge entered.

It was the first time the high school sweethearts have seen each other since Nov. 12, when Grossberg gave birth to the 6-pound, 2-ounce baby in a Newark, Del., motel. Police later found the baby in the trash, wrapped in plastic.

Offering a first glimpse into defense strategy, defense lawyer Jack Litman said neither Peterson nor Grossberg harmed the baby.

Litman, who represents Peterman, said the infant had “congenital brain damage” before it was born and that the mother had serious health problems that compromised the fetus’ viability. He did not elaborate further.

“Neither Amy nor Brian intended to cause, nor in fact did cause, any harm to the deceased,” Litman said.

Peterson and Grossberg are charged with two counts of first-degree murder. One count carries the death penalty; the other, life in prison with no chance of release. Both are being held without bail.

Defense lawyers entered not guilty pleas on the couple’s behalf. Superior Court Judge Henry duPont Ridgely denied their bail request but set a Jan. 21 hearing to reconsider.

Peterson bit his lip as he entered the courtroom escorted by two guards. He grabbed tissues to wipe away tears during the hearing.

Grossberg, her face flushed and lips pressed tightly together, had her handcuffs removed at the courtroom door. They sat with her attorney, Kathleen Jennings, between them.

Jennings would not say what the couple talked about, but said “they feel a great deal of compassion toward each other.”

As the two got up to leave the courtroom, they looked warmly at each other and briefly grasped each others’ fingertips.

Grossberg and Peterson come from affluent neighborhoods in northern New Jersey and were in their first year of college.

Their trial begins Sept. 9.