Prosecutors Rest in "Baby Joseph" Murder Trial

By: Meredith Stancik Email
By: Meredith Stancik Email

After four days of witness testimony, the state has rested its case in the "Baby Joseph" murder trial.

Susan Chiniewicz is accused of killing her newborn son by abandoning him in a bathroom at the Texas World Speedway in October 2005.

Chiniewicz claims the baby was stillborn and she put him in a trash can because there was nothing she could do.

However, the state's last witness, Robert Bux, testified the baby was born alive. Bux, a medical examiner from Colorado, reviewed the original autopsy performed by Patricia Moore, a pathologist in Conroe.

Bux testified that Moore's work was excellent. He said he believes the baby was born alive because of several reasons.

"There are a number of things that make me believe that the baby was born alive," Bux testified. "His lungs were pink and red, dead babies' are purple. The lungs floated in water and x-rays were taken of the baby, and the baby had an air bubble in his stomach."

"'Baby Joseph' died because he was abandoned and didn't get parental or medical care," Bux testified. "I think the baby would have survived if he had gotten medical care."

Defense attorneys are trying to convince jurors the baby was dead at birth because that would not be murder.

The defense is expected to start calling witnesses Monday morning.

If Chiniewicz is found guilty, she faces up to 99 years or life in prison.

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