LOUISVILLE, Ky. (WDRB) -- The 15 year old girl accused of smothering her newborn is out of the hospital and in juvenile jail today, but a little-known law could have saved the baby's life and prevented the mother from being charged with murder.
Newly released court records say the 15-year-old mother now charged with murder put the infant's body in a purse.
They also confirm what WDRB uncovered in the texts the suspect sent to a friend.
In 2002 Kentucky passed a Safe Haven Law. It allows new mothers to leave newborns at a hospital, within three days of delivery and walk away with no questions asked.
That means the 15-year-old could have given her baby to a staff member, and perhaps saved both of their lives.
"This is exactly the type of circumstances the law is meant to prevent," said Jamie Abrams, a law professor at the University of Louisville. "The lesson we need to take away from this is young people, in particular, need to have awareness about these types of laws. These laws are to protect the most vulnerable individuals."
All 50 states now have similar legislation that provides protection from prosecution and investigation. Moms can also leave the kids at firehouses and police stations.
Many abandoned infants end up at the Home of the Innocents. The shelter for kids in crisis has taken in 40 babies under a year old in the last 12 months.
"They're not thinking straight, they're afraid, they're terrorized they got shame to deal with," said Gordon Brown, executive director for the Home of the Innocents. I have an understanding and I guess a deep empathy for that mother. I don't think her maternal instincts were operating and who knows why -- it could be mental illness it could be a lot of different reasons."
The texts the 15-year-old sent to a friend could offer a window into her thinking.
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