Was "Baby Joseph" alive at birth? That is what prosecutors are trying to confirm in the trial of a Dallas-area woman accused of killing her newborn son.
Susan Chiniewicz claims her baby was stillborn and that is why she left him in a trash can in a Texas World Speedway bathroom.
However, a pathologist refuted the claim Thursday, saying she found frothy fluid in the baby's nose, indicating he was alive at birth.
Defense attorneys questioned if that was enough evidence to support the doctor's ruling. They claim if the baby was dead at birth, it would not be murder.
Chiniewicz's husband, Michael, also testified Thursday, saying he did not know his wife was pregnant.
Michael Chiniewicz, 42, said he noticed his wife had gained weight in her stomach, but she told him it was because of a problem with her ovaries and that she was receiving medical attention.
If found guilty, Susan Chiniewicz could face up to 99 years or life in prison.
Prosecutors are expected to continue calling witnesses Friday morning.
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