Bombshell Twist in Pediatrician Accused of Killing Toddler Case

Niha, come to the front door. Do it now. [Music]. Hands. Hands. Come out. Contact on the. ground. Come here. >> We have carefully been following the. case of Dr. Niha Gupta, the Oklahoma. pediatrician accused of killing her. four-year-old daughter during a Florida. vacation. The initial charge, first-degree murder, with prosecutors. alleging she staged a drowning to cover. up something far more sinister. Well, now in a dramatic twist, that charge has.

been dropped. Gupta is instead facing. aggravated manslaughter, a stunning. legal shift that raises new questions. about what really happened and whether. prosecutors can prove their case at all. Welcome to Sidebar, presented by Law and. Crime. I'm Jesse Weber. We have been following this. heartbreaking case for weeks. the. Oklahoma pediatrician, the mysterious. death of her four-year-old daughter in a. Florida pool, and these shocking.

allegations that she staged a drowning. to cover up something far darker. However, today, the story takes a. dramatic turn. Why? Because prosecutors. have suddenly dropped the first degree. murder charge. This is a seismic shift. in a case that has already been full of. twists from the beginning. We're talking. about Dr. Niha Gupta. faces now a lesser. charge of aggravated manslaughter. That. is a stunning downgrade that completely. changes the legal landscape of this.

case. And here's what's new and what it. means. So, at a hearing on August 7th, prosecutors announced that they filed. for a lesser charge, aggravated. manslaughter of a child. >> Uh the charges at this time, your honor, the state has filed or aggravated. manslaughter charges. and. >> All right. Right. And you filed a motion. for pre-trial attention. >> Yes, sir. >> We have written pleadings by councel. >> Yes, judge. >> Believe not guilty is enter. We could go. ahead and set this out for a sounding. trial date in an AB week. Please.

>> Gupta's defense attorney, Michael Myer, responded to the development, telling. local media, "Our position from day one. has been that Dr. Gupta did not. intentionally harm her child, that her. child tragically got out of the locked. door and fell into the pool. accidentally. We believe that the Miami. Dade Sheriff's Office rushed to. judgment, went out to Oklahoma with US. Marshalss, charged her with, arrested. her with firstdegree murder, and this. confirms that the state attorney's.

office cannot prove that Dr. Gupta had. at any point harmed her child. intentionally. Sir, if you're just now. catching up to this case, let me walk. you through everything that we've. learned so far and why this is such a. big shift because based on the arrest. warrant and that was released when she. was initially charged with first-degree. murder, we got a lot of details. Around. 3:40 a.m. on June 27th, police responded. to a 911 call at a rental home in. Elportal, Florida. Dr. Gupta reported.

that her daughter had possibly drowned. First responders arrived. They were led. to the backyard pool where they made a. devastating discovery. The warrant. reads, "Officers observed at here and. after referred to as the deceased victim. unresponsive and submerged in the deep. end of the swimming pool. MDFR personnel. extracted the deceased victim from the. pool and began cardopulmonary. resuscitation. MDFR transported the. deceased victim to Jackson Memorial. Hospital where despite all life-saving.

measures, the victim was pronounced. deceased at 4:28 a.m. Now, Gupta. voluntarily gave a statement to. investigators, and she apparently said. that she and her daughter were asleep in. the same bed, but then around 3:20 a.m. she woke up, realized her daughter was. gone. She said the sliding glass door. had somehow been opened, telling police. the subject stated prior to sleeping, she checked all the sliding glass doors. at the residence. The subject stated she. then observed the deceased victim. submerged underwater within the swimming.

pool of the residence. The subject. stated she attempted to remove the. victim from the pool. However, she was. unsuccessful due to the fact that she is. unable to swim. The subject stated she. attempted for approximately 10 minutes. to assist the deceased victim before. contacting emergency services. Investigators say the autopsy revealed. something different and something very, very troubling. On June 29th, so 2 days. later, a medical examiner with the Miami.

Dade County performed an autopsy on Arya. Talathi and the findings seemingly. contradicted Dr. Gupta's account. According to the warrant, quote, Dr. Trann advised that the deceased victim's. lungs and stomach did not contain water. and was considered dry. Dr. Tran also. advised that based on these findings, she was able to rule out drowning as. being a cause of death. Furthermore, Dr. Tran discovered cuts within the mouth. and bruising within the cheeks of the. deceased victim's face. Dr. Tran.

confirmed this type of trauma is not. consistent with any life-saving efforts. which were performed on the deceased. victim by medical personnel. And maybe. the most disturbing of all, in Dr. TR's. opinion, the deceased victim was. deceased prior to being placed into the. swimming pool. While the official cause. and manner of death remains pending. further studies, the doctor's. preliminary findings are the injuries. are consistent with asphyxiation by. smothering. Now, initially, Gupta was.

charged under Florida statute 782.04, 04, which is the unlawful killing of a. human being when perpetrated from a. premeditated design to affect the death. of the person killed or any human being. Now, the aggravated manslaughter charge. reads, "A person who causes the death of. any person under the age of 18 by. culpable negligence commits aggravated. manslaughter of a child, a felony of the. first degree." So, does this make sense? I don't know. Let me bring on right now. somebody who can maybe potentially make.

sense of what is going on here. Uh, Marian Bracha, director of the LLM and. trial advocacy program and practice. professor of law at Temple Beasley. School of Law, former prosecutor. Thank. you so much for coming on. This is this. is a change. I know that there can be. disagreements between prosecutors and. law enforcement about charges. But let's. just get right into it. If you're having. a medical examiner making that statement. and now they've made it manslaughter, please try to make sense of this for me. Uh Jesse, this is I you use the word.

seismic shift, and I think that that is. the the perfect description for this. There is a world of difference between. uh a murder charge, a first-degree. murder charge, and the aggravated. manslaughter charge that this has been. downgraded to. And to be perfectly. honest, I do not envy a factfinder, either a judge or a juror, who's going. to have to make a determination in this. case, because it is a tough one. >> Is it a mistake? Could it be a mistake. on the part of the medical examiner that. the conclusion was wrong? Was it a. miscommunication from what was. communicated from the med the Emmy's.

office to law enforcement? Or could it. be, hey, listen, we're not we're not uh. discounting what the medical examiner. said. We're not contradicting what the. med medical examiner says, but. unfortunately, we just can't prove a. murder charge. >> I I I think any of those possibilities. uh is a possible answer here. And I. think that uh something that is most. helpful for the defense is going to be. this seeming inconsistency between what. the medical examiner reported and found.

especially concerning the fact that that. there was no water inside the lungs or. inside the trachea um of the deedent. which would tell us that that her cause. of death was drowning. So because um the. body the the the internal organs where. you would expect to see water water. damage um as a result of a drowning if. there was no evidence of that that. really cuts against uh what we would. think of as a negligent death a. negligent homicide um and would go much.

more in favor of an intentional killing. of of specific steps that were taken um. to end a human life. Uh which would. really be the foundation of the. first-degree murder charge. Uh so there. there is seemingly an inconsistency here. between what the state's evidence would. show uh from the medical examiner versus. the charge that the prosecutors have. opted to proceed with. >> Hey, so I know many of you out there.

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Professionally formatted, instantly. accessible. So, if you've been doing all. this accounting work manually, you can. stop right now. Automate invoices, vendor bills, accounting workflow with. ODU today. Get a free 15-day trial today. at odo.com/sidebaracounting. And by the way, the autopsy also. revealed that this little girl's stomach. was empty. So, this contradicts the. defendant's account that they had dinner. at what 900 p.m. as she had suggested. That's significant. And yet again, you.

have a downgrading of a charge, >> right? And and again, it it's going to. be up to the factfinder whether the. defense or the prosecution opts for a. jury trial or a judge trial. If this. does proceed to a trial, it's really. going to be up to the factfinder to sort. out whose version of the events is more. credible, whose version has the ring of. truth, so to speak. And so if there is. evidence from the defense regarding what. time they had dinner or the. circumstances of where or how they were. asleep or where or how the deedant's.

body was found, uh that may cut against. the credibility of the defense case or. the defense version of the event. But. while at the the same token, we are and. when I say we, I mean the factfinder is. going to have to parse out the. inconsistencies that might be presented. uh in the prosecution's case in chief. given the the nature of the. investigation, the inspection of the. body, the medical examiner's report, and. then ultimately the charge that the.

prosecutors are going to be arguing. should be sustained by the factfinder. This is a tough one. >> And just to clarify, what do you think. the potential theory of manslaughter. here is? Is that you were reckless? You. left this sliding glass door open. Your. daughter walked out. Um perhaps. potentially possibly your actions to try. to save her made it worse. I because I. do and I tell me if I'm reading away too. much into it, but I'm also taking her. attorney statement where they they keep.

hitting upon the fact we always said. from the beginning she did not. intentionally harm her daughter. Now, they do say it was an accident, but they. could have said that she didn't cause. the death of her daughter. I wonder. again, I might be reading too much into. it. I I just don't know what they may or. may not agree regarding her culpability. in this situation. I think at the end of. the day, we can all say this girl should. be alive, but the question becomes why. is she dead? So, I I'm trying to. understand what the manslaughter theory.

could be. >> I I think the manslaughter theory gives. the defense um something of an out, so. to speak. Um there of course there is no. burden on the defense uh to present any. theory of the case. The entirety of the. burden of proof lies with the. prosecution to prove every every element. of every charge even if there's just one. charge remaining against the defense. beyond a reasonable doubt. To answer. your first question, that uh. manslaughter charge, even the aggravated.

manslaughter, is commonly known as crim. criminally negligent homicide, which. means that it's causing the death of. another person due to criminal. negligence, which is a failure to. exercise a reasonable standard of care. And it it it differs from voluntary. manslaughter, which would be an. intentional killing while in the heat of. passion. You know, for instance, the. classic example from our law textbooks. is you you walk in on your spouse in bed. with someone else and your passions are.

so aroused or so invoked, inflamed that. um it is an intentional killing, but. it's in the heat of the moment, in the. heat of the passion. Um whereas with. with this volunt excuse me with this. involuntary manslaughter charge the the. claim would be that uh it was so gross. in such gross disregard of human life or. the reasonable steps that any um. reasonable person in this defendant's. position would have taken to safeguard.

this child's life. So we see um. criminally negligent homicide charges. sometimes in child endangerment cases of. for instance leaving a child unattended. in a hot car on a on a hot day leading. to heat stroke or leading to death or. even in inadequate security cases where. a business owner or a property owner. could be responsible for uh the death of. uh a tenant or a customer on their. premises if there um aren't adequate or.

reasonable security measures. in place. So, I can I can envision a. world where the defense attorney has. consistently used the phrase she did not. intentionally cause the death in order. to um effect this downgrade to to the. manslaughter charge and get the. first-degree homicide charge off the. table, which certainly lessens the. defendant's exposure to a criminal. penalty. Uh, and at the same time, it. gives them um the ability to argue I in.

their defense. Listen, the prosecution. story is inconsistent. They don't even. know what happened because they have. this medical examiner's report that says. a smothering death or uh a non-drowning. death, but meanwhile, here we are. proceeding with an an accidental death. or an unintentional killing charge. So, which one is it, members of the jury? >> And and something to note about this as. well. Uh first of all, the warrant um. notes that this little girl's cause and. manner of death still remains pending. Uh further investigation. Um there was a.

statement from Ed Griffith, who is the. Miami Miami Dade State Attorney. spokesperson, said in a statement to the. Miami Herald, quote, "Based on the. evidence presently available to. prosecutors, the degree felony charge of. aggravated manslaughter of a child has. been deemed as the appropriate criminal. charge." Now, Gupta was arrested just. days later, and this was captured on. body cam video that was obtained by law. and crime. US Marshalss, they executed a. warrant at her Oklahoma home, and they. found her hiding inside.

>> Police with a warrant, open the door. Do. it now. >> Come to the door. [Music]. Niha, come to the front door. Do it now. >> The US Marshalss, we have a warrant for. your arrest. Come to the front door. Do. it now.

>> Inside, they cleared the home room by. room. >> This closet closet open. Clear. Okay. Yes, it does kind of come. back around. So, just hold what you got. there.

>> Does that go after the garage right. there? >> Yeah. >> Hey, we're going to clear this garage. So back up a little bit, will you? >> I'm hybrid. >> Okay, it's unlocked. Go ahead and open that. This.

You ready? >> Yeah.

That's. N. what's on it or something. target. [Music]. >> we're opening up these garage doors open.

doors. outside. [Applause]. And then finally, [Applause]. [Music]. hands. Hands come out. Contact on the. ground. Come here.

>> All right. Keep keeping the rest of. this. Now, court records show Gupta shared. custody of Arya with her ex-husband, Dr. Sarab Talathi. However, authorities. discovered that he had no idea the child. had even left Oklahoma. Quote, "The. subject shares custody of the deceased. victim with her ex-husband, who did not. travel with the subject and the deceased. victim to Miami, Florida, and was. unaware that the deceased victim had.

left the state of Oklahoma. According to. Dr. Tathy, her ex-husband. There is an. ongoing custody battle within the state. of Oklahoma over the victim's care. between himself and the subject. Now, professor, how does that affect things? What kind of witness would he be at a. trial? I. >> I think I think the evidence of the. divorce and of the custody dispute is is. going to be highly relevant in this. case. It all goes to what we call the. resessay, the story of the case, the. background of the parties, the state of.

mind perhaps even of the defendant. Uh. in the footage that you that you showed. of the arrest, you know, the fact even. that uh the defendant left the. jurisdiction and then was found hiding, I think the prosecution would be within. their rights to argue that that is. evidence of consciousness of guilt. uh. that that that someone would absent. themselves from the jurisdiction uh. where where this death occurred and then. would be hiding, would be attempting to. evade apprehension. That goes to the. defendant's state of mind, perhaps.

revealing some consciousness of guilt. That would be the argument. And then of. course the um uh tension or um any. conflict wi between the parents. regarding the custody of this child. again is going to lend to the. defendant's state of mind. what she was. thinking, what what um her mental state. was as she was caring for this child. Uh. and and what again the prosecution might. argue what alternatives this defendant. was willing to pursue um to uh change.

custody arrangements or ensure that um. the child wasn't in custody of her. father. >> Yeah. This custody battle had escalated. just months earlier. Earlier you had a. judge who awarded uh Dr. Tathy, the. father here, temporary soul custody, citing medical interference. That ruling. reads, "The court finds as follows. That. temporary soul custody is awarded to the. petitioner. The court finds that an. emergency exists and that the respondent.

will continue to interfere with medical. treatment of the minor child. Now, it. was also reported that Gupta was ordered. to provide vaccination records and. disclose her location, but there were. concerns about her behavior that were. already building. In April, Talathy. petitioned uh for a court-ordered. psychological evaluation, citing very. troubling behavior. His filing described. quote, "Unreasonable positions on issues. concerning the child, unusual mood. swings, and erratic behavior raising.

concern for the safety of the minor. child. extreme conflict and. defensiveness with almost all persons. caring and providing insight for the. minor child to include family members of. the child, medical providers, counselors, and experts involved in this. litigation. That respondent continues to. author false information to the minor. child's medical providers regarding. claims of domestic violence by the. petitioner and a restraining order that. has been previously denied by the court. Further asserted, the respondent has put. the child's ability to receive medical.

treatment at risk due to her. inappropriate behavior towards the. child's providers. That respondent's. behavior leads petitioner to believe. that respondent has mental health issues. that are not being treated. That an. evaluation of respondent's mental health. is crucial to ensure the safety of the. minor child. Now, ah, professor, if this was still a. murder charge, right, I could have seen. a situation where they say she was her. world was crashing down. She was. behaving erratic. She was a danger to.

herself and her child and she killed her. daughter and staged the scene to make it. look like an accident. Um, now this has. changed. This is manslaughter. How do. you think if these are legitimate, credible uh findings of mental health, how does it work for the prosecution? How does it work for the defense? >> So, I I think for the prosecution, I. would anticipate that the prosecution. will move pre-trial and give notice to. the defense of their intent to use uh.

some evidence or some testimony from uh. those those family court hearings and. those family court findings. notably uh. the the failure to provide medical. treatment or to to comply with uh. medical medically necessary treatment. for the child or vaccinations for the. child. So all of that would be. considered what we call under the rules. of evidence other act evidence and of. course the prosecution has to give the. defense notice of their intent to use. that evidence. But it again it goes to.

show the evolution of this relationship. and the evolution of the state of mind. of the defendant. Uh since we are still. on a manslaughter charge and and the. charge is essentially an unintentional. killing, I think that there is evidence. from uh the family court proceedings. regarding medical treatment, regarding. the allegations from the the deedent's. father to say this was someone who was. negligent in her care of this child even.

before this accident or this death or. this unintentional killing. Uh and so that evidence from prior in. her care, prior in her in her um. parenting uh in those prior proceedings. also goes to inform how she was caring, if she was caring for this child um at. the date and time of of her death. Ordinarily, we think about a criminal. incident in a box. We think about the. very specific time, place, and act that.

occurred um uh that that gives rise to a. certain claim or an action or a charge. Um, but in this case, since there are. other instances that might inform. what led to this accident or this. unintentional killing or or the death of. this child, uh, those prior incidents. might be very telling in in revealing. the full story and the full circumstance. of this child's condition. >> Do you think she's got to testify at a. trial and explain her behavior? I mean,

again, taking these allegations as true. and taking her statements is true. she. doesn't jump in the pool or has trouble. recovering her daughter because she. can't swim, you know, their parents. probably going to be on that jury who. would be like, I don't care. You know, like you should have done whatever you. needed to do to try to help your. daughter. >> I absolutely hear you. I absolutely. agree with you as a parent myself. That. was one of the the first facts that. jumped out at me. And um I I think that. you're right that there would be an. inclination on on the part of a juror to.

say, "Are you kidding me? you throw. yourself in front of a train. You do. whatever you have to do to to to help or. to save your child. Um I I have to. hearken back though that I think when. when and if a jury is impanled in this. case, they would have to take their oath. very very seriously to abide by the. instructions of the court and keep an. open mind and not jump to conclusions. and not um find any evidence before they. are are properly charged. And remember. again, there is absolutely no um burden.

on the defense either to present a case, to present a theory of the case or uh. certainly for the defendant to testify. She has a fifth amendment right to. remain her to maintain her silence. Um. and the jury will be instructed that. they cannot hold it against her if she. chooses to execute to exercise that. right to silence. So, um, according to. their charge, according to their. instruction, uh, a jury by taking an. oath, uh, to be a member of that jury, they would have to abide by that.

instruction and not hold it against her. Does that happen in the real world in. real life? I sure hope so, because if it. doesn't, then we're calling into. question the validity of our entire jury. system. >> Before I let you go, real quick, uh, Dr. Gupta remains jailed uh, in Miami Dade. without bond. Her legal team though is. seeking pre-trial release, a hearing on. that issue. It's expected to take place. on Monday. What do you think her chances. of getting released are now that she's. uh only charged with manslaughter and. not murder? >> So, I I think that the downgrade of. charges is in her favor. The fact that.

uh there is um less of a penalty on the. horizon for her. I think the fact that. she already left the jurisdiction, the. fact that she was found hiding is. certainly going to be a prosecution. argument, that she is not um a reliable. presence at trial, that she has already. shown a tendency to leave the. jurisdiction and not be where she is. intended to be. Um but I think that the. fact that she's invested in uh her own. attorney, that is something uh believe. it or not, that does weigh in her favor.

she is showing an investment in her. defense and uh um a willingness to to. fight the case and and to answer to the. charges. And so that is something that. the defense uh would submit would would. bode in her favor to release her. pre-trial. >> Professor Marian Brchetta, thank you so. much for coming on. Appreciate it. >> Thanks for having me, Jesse. >> And that's all we have for you right now. here on Sidebar. Everybody, thank you so. much for joining us. And as always, please subscribe on YouTube, Apple. Podcast, Spotify, wherever you get your. podcasts. I'm Jesse Weber. I'll speak to.

you next time. [Music].