I don't know. The article wasn't very illuminating. Her current attorney is saying, "Regarding that incident, not only was our client not prosecuted for any crime, she wasn't even arrested for any crime…. And no crime was committed."
The police are saying that "they never found a baby's body in the 2004 case, so they could not determine if Ashcraft was telling the truth".
It's a sad story.
Apparently, too much time had passed (according to the other article posted above) so they didn't look for the body. Still, I know we have medical privacy, but it seems to me that her family were on notice the first time to at least get her some psychiatric help. Instead, she got pregnant nine months later and did the same thing again.