The mother of an infant left to die in a Texas World Speedway bathroom says her son was dead at birth.
The state played a taped interview for jurors Wednesday between the defendant, Susan Chiniewicz, and Brazos County Sheriff's investigators.
Chiniewicz, a married mother of three from the Dallas suburb of The Colony, has pleaded not guilty to killing her infant son.
The interview was recorded on April 6, 2006 after investigators matched "Baby Joseph's" DNA to Chiniewicz.
During the interview, Chiniewicz says she was raped eight months before she gave birth on October 2, 2005.
She said she had a few beers at a Chamber of Commerce awards banquet, when her acquaintance, David Bayliss, offered her a ride home. She said it was during that ride when Bayliss raped her.
"Somewhere along the ride, he stopped and had sex with me," Chiniewicz said during the April interview. "He took me back to my car. I drove home and thought that was it. It was about four months later that I found out I was pregnant."
During the first weekend in October 2005, Chiniewicz and her family attended a motorcycle race at the Texas World Speedway in College Station. It was on Saturday, October 2 that Chiniewicz told investigators she gave birth to "Baby Joseph."
"I started not feeling good," Chiniewicz said. "I went to the bathroom. I thought it was just cramps. I've been through this before. I've been pregnant before. The next thing I knew, he was just there. He wasn't breathing, I waited for him to cry and shook him a bit. He wasn't breathing. He wasn't crying. He was dead."
She told investigators she cleaned him and then put him a trash can with paper towels and went back to her family. She said she never told anyone about the incident.
When investigators asked why Chiniewicz did not call paramedics for help, she said, "For what? There is nothing they could do."
A pathologist determined "Baby Joseph" was not dead at birth and died as a result of suffocation, environmental exposure and neglect. The doctor said the infant had an infection that would have killed him without medical attention.
David Bayliss, the man Chiniewicz accused of rape, took the stand Wednesday. His testimony contradicted Chiniewicz's claim.
Bayliss said the two had a consensual sexual relationship for two months. He testified that he did not drug Chiniewicz and did not force her to have sex with him.
If found guilty of murder, Chiniewicz could face up to 99 years or life in prison. She could also get probation if she has no prior felony convictions.
Prosecutors are expected to continue calling witnesses when the trial resumes Thursday morning.