Posted on 11/03/2005 6:33:33 PM PST by Michael Goldsberry
EDMONTON (CP) - A woman who admitted to concealing her pregnancy and later placing her newborn baby in a garbage bag was spared further jail time Thursday.
A Court of Queen's Bench justice sentenced 23-year-old Nicole Anderwald to 90 days for causing the baby's death by neglecting to get help after giving birth and another 40 days for disposing of the infant.
But because she had already spent 3 1/2 months in custody, Justice Terrance Clackson decided to let Anderwald go free. She will be on two years probation.
"While this is about loss of life, this is not about murder," said Clackson, who noted that Anderwald's crimes involved deception but not violence.
"I'm not sentencing a killer, but a desperate woman wanting to hide her pregnancy from the world."
Patty Nixon, executive director of Alberta Pro-Life, called the ruling significant.
"It's certainly very disconcerting and it gives you an example of the value that is placed on human life," she said.
"Now when people hear of a child that is just abandoned and left to die, there's no uproar. There's this awkward silence . . . it was a poor situation, she was from some sort of background that was maybe, possibly dysfunctional, who knows? But they're finding some reason to justify that it was OK. And it's not OK."
Clackson said while the court must denounce Anderwald's actions, psychiatric reports show she was mentally unbalanced when she secretly gave birth to a daughter last year.
"The emotional repercussions will be a cross to bear for a long time to come," the justice added.
Clackson also took the unusual step of ordering the young woman to submit the results of quarterly pregnancy tests to her probation officer. That's to make sure that if Anderwald gets pregnant, she'll get the help she needs.
"I'm not trying to see that you not become pregnant," Clackson explained to Anderwald.
"But if you do, I'm taking steps to make sure the world knows about it.".
Last month, court heard Anderwald gave birth to a baby girl Aug. 9, 2004, in the bedroom of her family's Edmonton home before passing out.
After she woke up, she put the baby in a garbage bag beside her bed, had a bath and watched TV. Anderwald later told a psychiatrist the baby didn't move so she thought it had been stillborn.
She had tried to conceal her pregnancy by telling people she had a tumour, or was gaining weight, but relatives already suspected she was pregnant.
At one point, court heard, her mother gave her a note asking: "Are you making plans or are you going to dumpster the baby?"
Before going to work the day after the birth, Anderwald stuffed the garbage bag in her bedroom closet where her mother later found it.
Co-workers said she was happy and told them an operation to remove a tumour the size of a watermelon had been a success. She was arrested by police at work.
Before she was sentenced, a pale Anderwald rose in the prisoner's dock and read from a statement, apologizing to her family and friends - many of whom she said still feel they failed her.
"I wish I could change the past and bring Angela back," she said, using the name she gave the child.
"Unfortunately, I cannot. For the rest of my life I will always wonder what she could have become and feel the pain of loss and regret."
The judge also said she should continue working at the call centre where she has had a job since before becoming pregnant, or report any changes in employment to her probation officer.
Anderwald was originally charged with second-degree murder, but the charge was reduced to infanticide after a preliminary hearing.
On Oct. 7, she pleaded guilty to the lesser charges of causing the death of a baby by neglecting to obtain assistance in childbirth and disposing of the body of a child.
Superior Canadian justice. 130 days for a life and 2 years prob.
Why is their justice system so harsh? And for only putting a baby into a trash bag to die.
Liberals are pushing the envelope so that the killing of the "unwanted" or "undesirables" or those who quality of life THEY think isn't up to a certain standard can simply be snuffed out with no consequences.
This story turned my stomach.
Before abortion (MURDER) became the norm - there were abeeter methods of birth control....as illustrated by Lillian Carter:
Sometimes, when I look at my children, I say to myself: "Lillian, you should have remained a virgin."
-- Lillian Carter (mother of the 64th president, Jimmy Carter)
Those who litter must be punished Otherwise the dead babies on the streets of Canada will be knee deep.
I think this court sent an unmistakable message here. (end sarcasm)
Now we know:
Value of human life = 130 days.
" Justice Terrance Clackson decided to let Anderwald go free."I'm not sentencing a killer, but a desperate woman wanting to hide her pregnancy from the world."
I wonder how Clackson would feel if his spouse was murdered, and left in a trash can?
A few more leftist America haters views on life:
"Childbearing [should be] a punishable crime against society unless the parents hold a government license ... All potential parents [should be] required to use contraceptive chemicals, the government issuing antidotes to citizens chosen for childbearing."
David Brower, first Executive Director of the Sierra Club, founder of Friends of the Earth, and founder of the Earth Island Institute
My favorite quote for the day...
"I have to march because my mother could not have an abortion." - Congresswoman Maxine Waters (D-Calif) at Anti-Bush Pro-Abortion Rally Sunday, April 25.
I'm just going to let it speak for itself.
I am an ex pat Canadian and glad of it. Canada is socialist. They also have the equivalent of an Equal Rights Ammendment for women.
Life in Canada is cheap. The baby was not murdered. It was not homicide. Just a baby disposed of in a garbage bag.
In the eyes of a Liberal Canadian Judge, the baby was not a living human being. Who would have thought that civilization in Canada would devolve to that of rural China,where baby girls were once, ( and some say still are) habitually drowned in the nearest stream.
This case was low, real low, on the civilization scale.
She had already carried ANGELA to term. Why would she then do such a thing?
There is an estimated 4 year waiting list for newborn adoptions. Her baby could have lived, and been loved by others.
Hits pretty close to home too.
That's a very unfair thing for you to say about Billy,Mizz Lillian!
Any bets that the list of acceptable "help" has abortion at the top?
If the baby is still dead, she should still be in jail. If the baby comes back to life she can get out; not until then.
When she dies, they'll only need two pallbearers, 'cause a trashcan has only two handles.
later pingout.
She deserves execution.
This makes me want to puke. I know people who would have gladly given this child a home, and what a kick in the teeth for those who cannot have childern of their own.
An aside... how on earth could anyone conceal a pregnancy that long? I know some women don't show much but come on...When I was pregnant, I couldn't see my feet.
"Why is their justice system so harsh? And for only putting a baby into a trash bag to die."
The only way 130 days would be fair is if she had to spend them in a sealed trash bag. A desperate woman? Please. She was 21.
I guess she's lucky she didn't have sex with a 15 year old high school student. THAT can get you serious jail time.
Only a fourth trimester abortion. Nothing to see here, move along, folks..
Moral Absolutes Ping.
Done so much pinging I don't have any more words. Other than this - the culture of death kills more than babies and others who should not die - it kills the finer impulses of the mind and heart. It kills compassion, it kills empathy, it kills love for others and love for God. It kills the ability to transcend the animal nature. It kills what makes human civilization human.
Freepmail me if you want on/off this pinglist.
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