Closing Arguments Expected Tuesday in "Baby Joseph" Murder Trial

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The state and defense have rested their cases in the trial of an alleged baby killer.

Susan Chiniewicz is accused of abandoning her newborn baby in a Texas World Speedway bathroom.

Chiniewicz, a married mother of three from the Dallas area, has pleaded not guilty to killing her newborn son.

After five days of testimony the state and defense only have one more chance to prove their case.

The state rested its case Friday and after calling only two witnesses to the stand. Monday, the defense closed its case.

The main argument has been whether the baby, called "Baby Joseph" by investigators, was born dead or alive.

Chiniewicz claims the baby was stillborn. However, prosecution witnesses have refuted her claim, saying the autopsy proved otherwise.

Defense attorneys offered a big blow Monday to the state's case when Dr. Jonathan Arden took the stand.

"We have a baby that shows no signs of having breathed, and that is the most important factor in my conclusion this was a stillbirth," Arden, a medical examiner from Virginia and pathology expert, said.

Arden testified the newborn's lungs were collapsed, showing he had never breathed. He also said "Baby Joseph's" lungs were dark red, not pink as they are in live births.

The defense claims if the baby was stillborn, it would not be murder.

Closing arguments are expected to begin at 9 a.m. Tuesday.

If Chiniewicz is found guilty of murder, she could face up to 99 years or life in prison.