The cases involve two babies in two Utah counties. Both became victims and their mothers were involved. But one mother won't face charges after leaving her baby in a hot car. The other is sitting in jail and accused of throwing her newborn in a trash can. The infant survived and is in critical condition.
Many have posted comments on Facebook and other websites asking why the different results when one child died and the other survived.
And it all boils down to the discretion of prosecutors.
In the case of the Hurricane baby death, prosecutors say it was a "lapse of awareness" that got the mother off the hook.
April Suwyn won't be charged for leaving her daughter in a hot car, causing her death.
Washington County attorney Brock Belnap called it an accident saying in a letter to the Hurricane police chief: "an unconscious lapse of awareness is substantively different that a conscious decision to leave a baby in a care.“
But a former prosecutor disagrees with the finding
"We now have a case where a woman has said 'I forgot,' so you can expect if there are similar instances down the road that's going to be a defense that is used,” says Greg Skordas who is now a defense attorney.
Meanwhile in Salt Lake County, Alicia Englert is in jail accused of throwing her newborn girl in a trash can.
Earlier this week, her dad told Good 4 Utah she has Asperger syndrome.
"It wasn't like you know a normal person that just said, 'oh I got to get rid of this, and just throw it away,” says Robert Englert. “She's just not in the right state of mind."
On numerous websites many question the way both cases are being handled.
Jessica Neberker wrote: “this is beyond wrong! so what does this teach me: it's ok to leave my child in a hot car to die, but don't ever leave them in a trash can or outside of a bar where they can maybe live to tell the tale.”
But police say Englert's state of mind isn't for them to decide.
“If there is or isn't, that will be determined by the district attorney's office or through the court process,” says Lt. Justin Hoyal of the Unified Police department.
What's hurt Englert is her alleged confession telling detectives she wanted the baby to die.
"Now her family claims diminished mental capacity and those things will factor in but police on its face have a case for an attempted murder,” says Skordas.
And there are photographs surfacing showing Englert dancing and partying at a Salt Lake City nightclub. It appears she is pregnant and in one photograph is holding a beer. Police now have those pictures.
“We will look at those pictures and determine if they are relevant to the case if or they are not relevant,” says Lt. Hoyal.
The photographs could help investigators and professional medical experts to determine her mental capacity.
Police are expected to meet with prosecutors next week to determine if charges should be filed.
Meanwhile, the baby remains hospitalized in critical condition.
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