The fetus was 23 to 27 weeks, according to the Warren County Coroner’s Office report — not as far along as first believed. But, the evidence could not prove the girl was born alive.
“It was still considered to be viable, but you didn’t have evidence of a live birth,” said Warren County Prosecutor David Fornshell at the time of the indictment. “Based on our evidence, we believe she intentionally ordered a drug online to essentially induce an abortion.”
That is not a criminal offense if the mother does it, even if it was done post-viability, he said.
“The only crime we had was dumping the baby girl in the trash can,” Fornshell said.
Houck’s case was assigned to Warren County Common Pleas Judge Timothy Tepe and a warrant was issued for her arrest. She was not found until her arrest June 1 in Hamilton on a charge of possession of drug abuse instruments, according to Hamilton County court records.
Assistant Warren County Prosecutor Steven Knippen said the Hamilton County case will be completed before she is returned to Warren County for her case there.
Monroe Police responded to the motel at about 10 a.m. that day on a report of a “possible abandoned baby.”
Warren County Coroner’s investigator Doyle Burke, now retired, previously told this news organization that the body of a girl was found in a trash can in one of the rooms. The mother had gone to an area hospital after a 911 call was placed.
Also found in the the room were a clear plastic bag containing two grams of a crystal rock substance, a bag containing white powder, gummy worms laced with an unknown substance and paper tabs laced with an unknown substance, possibly acid, according to the Monroe police report.
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