Student in Dorm Baby Death Wins Big in Court Bombshell

The crude text messages that could have. been a key piece of evidence for the. prosecution in a case of a Florida. college student accused of killing her. newborn in a college bathroom will not. make it in front of the jury. This is a. major win for Brianna More as she faces. aggravated manslaughter and child. neglect charges. So, we're going to dig. into the judge's decision as well as. other potentially damning evidence that. will be part of her upcoming trial, but. we're also going to let you know what. the defense may be doing. Welcome to.

Sidebar, presented by Law&Crime. I'm. Jesse Weber. Okay, real quick. If you're putting. things out on social media, if you're. into content creation, I'm going to give. you a secret on how we share so many. clips on all these stories so quickly. We use something called Opus Clip, okay? This is an all-in-one AI editor that. makes it so easy to cut, create, and. upload videos across any platform. You. see, through AI, Opus Clip generates. B-roll, reframes footage, and it even. cleans up audio. It's so easy. You just.

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decided this, I have to set the stage. here, okay? 2024. As Brianna More was. wrapping up her freshman year at the. University of Tampa, the then. 19-year-old's life changed forever. She. gave birth to a baby girl in the. bathroom of her dorm suite. But, she has. long contended that she didn't have any. idea that she was pregnant. Now, before. you stop right here and say, "How is. that even possible?" There is science to. this, okay? There is potentially a. defense here. But not long after being. born, this baby, which Moore later named.

Amara, was dead. How long the child. lived, how she died, that is central to. a criminal case that Hillsborough County. prosecutors brought against Moore. Today. my office has charged Brianna Moore with. aggravated manslaughter of a child after. authorities found her newborn baby girl. in a trash can outside of her dorm at. the University of Tampa at the end of. April of this year. I've been a prosecutor for more than 20.

years in my own hometown. I've gone after murderers. I've. prosecuted international drug. traffickers. The absolute worst of the worst. And this is a case that I struggled. with. This is a case that has kept me up. at night. It's both difficult and nuanced and I. did not take this decision lightly. This case has kept me up so many nights. remembering back to when I went out on. the scene that Sunday evening back in. late April.

And I saw a bag sitting outside of a. dumpster outside of a dorm that I knew. contained the remains of that newborn. baby girl. So this case rocked the Tampa area. It. made headlines around the country. You. have these horrific details that were. revealed in police reports and other. investigative materials that are really. kind of hard to grasp, but it is. important from a legal context, okay? So. let's go through it a little bit more. So according to police on Saturday, April 27th, 2024,

Moore woke up alone in her dorm room. with stomach pains. Her roommate wasn't. there and she told investigators she. went to the bathroom and was shocked to. find that she was in labor. Now Moore. admitted to police in recorded. interviews that she sat with the baby. for a while in that bathroom, eventually. took a shower, fell asleep for around an. hour, and she told Tampa police that she. believed that her baby had died not long. after it was born. She says she was. shocked, that she was panicked, that she.

ended up putting the dead child in a. trash can. She didn't go to the. hospital, she didn't call 911, she. didn't tell anybody. Now, here's the. thing. That bathroom was shared by two. dorm rooms, and one of the girls who. lived next door went into the bathroom. and reportedly saw blood everywhere. And. she told them that she wasn't pregnant. So, police leave without discovering the. baby. Here's what happens. The other roommates. were all in this group chat together. trying to figure out what was going on.

with Moore, who they told police they. weren't close with. And all three said. that they heard a baby cry early. Saturday morning, but they thought maybe. they were dreaming or that it had come. from a video. Now, police claim that it wasn't until. Sunday, so the next day, that Moore's roommate realized something. was very wrong. According to charging. documents, quote, "Witness one was with. a friend, witness four, inside the dorm. room to gather some items for witness. one. While inside the room, witness one. and witness four saw a bloody towel.

inside the suspect's trash can. Using a. Styrofoam container, witness four. touched the towel and felt something. firm inside. Believing this was possibly. a baby, witness four picked up the trash. bag from the can, walked outside with. witness one, and alerted campus safety. Witness one and witness four were joined. by witness two before campus safety. arrived. Campus safety opened the towel. in the presence of witness four and. found a deceased infant." And here's.

what the medical examiner revealed. During the autopsy, it was discovered. that the infant had sustained multiple. fractured ribs along the spine and. evidence of petechial hemorrhaging in. the lungs. Dr. McCormick determined that. the cause of death was asphyxia due to. compression of the torso with rib. fractures and the manner of death as. homicide. Now, again, before you think. that's the end of the story, we got to. talk about what's happening here. We got. to talk about the defense and we got to. talk about this ruling. So, the district.

attorney filed four charges against. Moore: child neglect with great bodily. harm, unlawful hold or storage of a. human body in unapproved conditions, failure to report death to medical. examiner or law enforcement intent to. conceal, and aggravated manslaughter of. a child. Now, Moore, who's originally. from Mississippi, she was allowed to. return home after police had questioned. her, but then 6 months later, after this. investigation, when the criminal charges. were filed, she was extradited from. Missis- Mississippi back to Florida. Okay, now she's facing this. So, we're.

going to dig into what Moore had to say. in two recorded interviews with police. I think it's going to be important. evidence for the prosecution, but also. maybe for the defense. But, I got to get. into this new development, okay? This. crucial piece of potential evidence that. the prosecution certainly had hoped to. introduce at trial. And the ruling from. the court is on whether or not the. prosecution can present a crude series. of text messages between Moore and an. apparent friend, who it's important to. note is not the father of the child. And.

this is where they seemingly appear to. joke or make light about killing babies. So, I'm going to read you from the. ruling. "Defendant is charged with inter. alia aggravated manslaughter of a child. and child neglect with great bodily harm. for the death of her child on April. 27th, 2024. The state seeks to admit. into evidence the following set of text. messages exchanged between defendant and. another individual labeled Kaseem in her. phone on September 13th, 2023." So, this.

is months before the birth. "Kaseem: Plan A was condoms. Plan B was the pill. Plan C was to kill the kid. And the. defendant, Moore, seemingly writes back, "Plan C is my favorite." So, meaning. killing the kid was her favorite plan. You can see why that's not great for the. defense. You can see why the prosecution. would want that into evidence, right? Even if it was just a joke, the fact. that Moore would later be accused of.

killing her newborn made these texts. especially disturbing. But, here's the. thing, and this is why it's important. I've covered a number of these cases. Newborn death cases like this are. notoriously difficult to prosecute. While there's a battle of medical. experts, and of course, witness. testimony, including from roommates, which may be different here, it can be very hard to convince a jury. that a baby wasn't a stillborn. Or, it. could be very hard to convince a jury. that a mother deliberately killed her.

baby, that the baby didn't just die from. the circumstances surrounding being born. in that environment, being born alone. without medical professionals. It can be. very hard to prove beyond a reasonable. doubt that the mother killed the baby, particularly if you're dealing with a. younger defendant, a more vulnerable. defendant. Although the circumstances. are different, I'll encourage everybody. just to look at the Brooke Skylar. Richardson case. We covered that one. She was acquitted of murder, manslaughter in connection with the. death of her newborn, who she buried in. the backyard. So, my point is, the.

reason I'm saying this, text messages, very similar to Google searches, in any. kind of case, they can help prove. intent. They can help prove state of. mind. They can help prove knowledge, okay? So, having those messages come in. would have been key for the prosecution. here. But, you go to the judge's ruling, quote, "The state contends that the text. messages are relevant because they show. the defendant had an intent or plan to. kill a newborn child, which she.

subsequently carried out." "Defendant. responds that the messages are. inadmissible character evidence and are. not relevant to show the defendant had. an intent or plan to carry a pregnancy. to term and then kill her child after it. was born. So then the court references a. Florida case from back in the '90s. called Carter v. State. Quote, in Carter. the defendant was charged with lewd and. lascivious assault on a 13-year-old. girl. Shortly before the incident in. Carter and the victim's aunt were. discussing sex and young girls and he. commented, "If you're old enough to.

bleed, you're old enough to breed." The. state subsequently offered this. statement at trial arguing that the. testimony was relevant to show the. appellant's state of mind and to show. that Carter was willing to commit this. kind of crime and that's exactly what he. did just a short time after he made the. statement. Carter argued that the. statement was improper character. evidence. The trial court admitted the. statement. On appeal, the first district. reversed holding that the statement was. evidence presented by the prosecution of. the defendant's bad character to show.

that he acted in conformity with that. bad character at a particular time and. was therefore inadmissible. Okay, I need. to give you a quick tutorial on that. So. under the law. evidence of a person's character or a. trait of character is generally not. allowed in trial. It's inadmissible to. prove. that someone acted in conformity with it. on a particular occasion. What do I. mean? It makes sense, right? If oh, they. did this or oh, they're a bad person or.

oh, they did this bad thing, they must. have been committed this crime they must. be guilty here. Right? It usually you. wouldn't be allowed to introduce that. evidence. It's not fair. Now, there are. exceptions including under Florida law. You can introduce this other stuff, similar fact evidence of other crimes, other wrongs, other acts. It can be. admissible when it is relevant to. proving a material fact that's an issue. that can be proof of motive, opportunity, intent, preparation, plan,

knowledge, identity, absence of mistake, absence of this being an accident, but. it is generally inadmissible when the. evidence is really only being put. forward to prove someone's bad character. or propensity to do something. So, in. that case, the Carter one, the statement had been allowed at trial, but then an appeals court looked at it. and said that was wrong. It was. improper. It shouldn't have been. admitted. What about in Moore's case? So, we now go to the judge's decision.

It says, quote, "Even reading the text. message exchange here in the light most. favorable to the state, the prosecution, it is improper character evidence and. inadmissible in the state's case in. chief. The statement expresses a belief of. preference that defendant's favorite. plan to address a pregnancy is to kill. the kid and is offered to show the. defendant acted in conformance with that. stated belief. By its own terms, it is. not tethered in any way to a specific. pregnancy. It does not express a.

distinct plan or intent to take any. specific action. It does not even. express that defendant would consider. this course of action if she ever became. pregnant. It's only relevant purpose is. to show the defendant is the sort of. person who would kill a newborn child. Therefore, it is not admissible. It's. kind of like if a defendant were to say, "Oh, when I get so angry I could kill. someone." And then they're accused. murdering someone. Not sure that. statement would have the appropriate. connective tissue or relevance to be.

admissible to that particular case. Now, there is an interesting footnote from. the judge here which says, "The state. acknowledged at the hearing that they. did possess or intend to offer any. direct evidence to show that defendant. knew she was pregnant at the time of the. statement. The state instead argued that. they could offer circumstantial evidence. to show that defendant should have known. she was pregnant at the time. However, it appears that the The frame of. conception was the week of August 15th. to the 22nd, 2023, which the state did.

not dispute. At most then, defendant. would have been 4 weeks pregnant at the. time she made the statement. And there. is no evidence to show that at that. point she possessed actual knowledge of. her pregnancy, which by the way wouldn't. be surprising. Sometimes people don't. know they're pregnant at that time. Quote, the state attempts to distinguish. Carter, that case I mentioned before, by. arguing that the reason for mission in. this case is different. To paraphrase. the state's argument, the prosecution in. Carter offered the statement to show.

that Carter had the propensity to commit. the crime at the first opportunity, i.e. that it was offered for an improper. character purpose. While in this case, the statement is offered to show. defendant's intent or plan to commit. infanticide. And then at the first. opportunity that she carried out that. intent or plan. But the statement cannot bear the weight. the state gives it. It does not express. an intent to take an action or a plan to. take an action. It expresses a belief or. preference in general and is offered to. show the defendant acted in conformance.

with that belief 7 months later. That is. exactly what Carter and section 90.404. Florida Statutes forbids. That section. is the one that I was reading to you. before or referencing before. So the. judge ruled that the jury will not see. that text exchange. However, however, the jury could potentially see. it if a witness opens the door, meaning. there's a witness that takes the stand. and then they can be questioned or. potentially cross-examined about it.

Quote, court leaves open the possibility. that defendant could open the door to. such evidence during her case in chief. So meaning if the defense decides to do. something, it could be free reign. Should the state seek to question any. defense witness about these text. messages or offer them into evidence in. the rebuttal case, the state must seek. permission from the court prior to doing. so and outside the presence of the jury. Both parties will be given the. opportunity to raise any appropriate. arguments or objections at that time. So, it is possible that there is a. chance these text messages could be. heard by the jury, but as of right now,

they're not going to be. And that's a. blow to the prosecution. Now, let me. just talk about this real quick. So, Moore's trial has been delayed several. times. The court docket doesn't show a. new trial date has been set. There's an. article in the Tampa Bay Times that says. the lawyers told the judge that they. need more time to speak to experts and. parse through the evidence. And. according to the docket, they're due. back in court in May for a status. review. Now, that makes sense, okay? That makes sense since this case could. very well be now a battle of experts. Battle of forensic experts that may.

dispute the cause of the injuries, right? So, is it harm inflicted by the. mother on this baby? Or were the. injuries sustained by the baby from the. actual childbirth, right? You have a. mother giving birth on her own. Is that. how the ribs were fractured? That I. think is going to be a matter of dispute. amongst the experts. Also talking. experts, you might have mental health. professionals talking about what Moore. knew or should have known. What did she. perceive? Trauma. How is it someone.

could not have known they were pregnant, right? Well, this is a thing called a. cryptic pregnancy. You enter kind of a. disassociative state. So, this is a case. where the defense would argue that there. were mistakes by Moore that were driven. by psychological stress. That the death. was merely an accident and not the. result of neglect or willful or. deliberate harm. You're already seeing. this in some of the pre-trial filings. and arguments. The defense wants to. assert these kinds of witnesses and. experts and testimony. And it brings us.

to another question. So, what evidence can the prosecution. use in their case against Moore? Well, there is one critical piece of evidence. that I want to talk about, and that is. Moore's own apparent statements to. police after the baby's body was found. Her interviews. Her interviews with law. enforcement, and they were audio. recorded. Can you tell me about the baby? The baby? Listen. You're very smart. I know this. You're biology person, okay? So, you.

know all that, and you know about DNA, and you know all those things, okay? We have a very young baby. right now, right outside your room. You had quite the ordeal. It sounds like. yesterday morning in the bathroom for a. few hours, okay? Listen, we're not judging at all on. this, okay? People can get in over their heads. sometimes. They're not sure what to do,

okay? But just let's be. Let's just be honest, okay? Basically, um. first of all, I did not even know that I. was pregnant. Okay. Um. and then I. did I just woke up not feeling good. yesterday morning. So, I went to the bathroom. Um I was puking, whatever. And then. yeah. But after like a few seconds, it.

was dead. Um. How long did the baby cry for? Cuz I. know all the roommates and sweet mates. all heard the baby crying. How long? >> I would say like. 5 seconds, maybe. >> 5 seconds of crying? >> Something around that-ish. Okay. Did um. Did you take the baby back to bed for. you for a short time period? I was in. the I just stayed in the bathroom. You. just stayed in the bathroom? So, Moore seemingly admitted to the. detectives that she hadn't had her.

period in around a year, but says, you. know, she attributed that to the fact. that she had stopped using a birth. control patch. So, you went to the bathroom, and. obviously. had a baby. Mhm. Um did you deliver the placenta as well? Yes. Okay, you sure about that? >> Um pretty sure. Pretty sure? Something. else. after the baby came out? >> Yeah. And then something pretty good. amount or something? >> Yeah. Okay, it's just it's important for. your health on that.

>> Mhm, oh yeah, okay. Okay. I am worried about you a little bit, okay? Um. so you had the baby and the baby cried. for how long do you think? Just a few. seconds, not long at all. Not long at. all? >> Mhm. So the baby cried for. a short time period. >> Mhm. And you sure it wasn't any Now, here's. the thing, the medical examiner is going. to be able to tell a lot of things. >> Mhm. Your honesty right now.

is very very important, okay? Okay, so I. took a shower at what? I sat in the. shower, I didn't really like wash. anything. But I just sat in the shower. Shower on. or off? On. Okay. And then um. I think I got out and I sat there for a. little bit. Um. sat there for a little bit. Um. tried to wipe up some blood.

And then um. yeah, I just kind of sat there. Just yeah. What after you sat there, what did you. do then? Um. well, I. it wasn't moving. So I felt for a. heartbeat and I didn't feel one. Where did you feel? Like right here. Okay, on the chest?

>> Yeah. And then um. it wasn't moving and I I scared. And. yeah. Yeah, okay. What did you do after. that? Um. I set the towel towel. on the floor in my room. and. I went to sleep because I I was tired. and I hadn't slept well, obviously. I. mean. I took a nap. And then when I got up, I.

just. completely. did not know what to do. Now more later. did a second interview a few days later. with detectives in a squad car where she. was read her Miranda rights and agreed. to speak with the officers. Do you know. who. the father Have you done any. calculations of when you think you would. have been pregnant? Do you I've done some light ones and I. think it would have been. >> would be your opinion? I'm not an expert, okay? Um. when I Google, I find 280 days.

Do you know when that would be around? >> That would have been in July. July? Yeah, it So 280 days ago today would. have been July 24th. Add a couple days to it. You're You're. talking about possibly mid late July. Mhm. Um the baby was pretty much full term. and I'm saying it wasn't a week early or. 10 days early, but full term, okay? So.

it certainly wasn't a month or two. early. Um. So it would have been. When did you get to Florida? Uh in August. In August? >> would have to be at home. Did anybody have a goodbye? A what? A goodbye? Did you have a. boyfriend up there that you said goodbye. to or anything before coming down here? >> Um. No, Well, feel like Hold on. Um I'm.

trying to think. I'm sorry. I feel like. Is there any way I could look at my. phone for this? Yeah. Yeah. Yeah. Yeah. Yeah. We'll give you your phone back. Yeah. Um. but it would have been July. Um. how scared were you in the bathroom. after you delivered? I was terrified. Um. so I know you delivered.

The baby cried and then uh. did you pretty much immediately grab up. the baby to make sure that your. roommates weren't hearing what was going. on cuz I know you were trying to be. fairly private during all this. Uh yeah, I held it after. I I mean, it. laid there for a few seconds and then I. held it. And you held it. Um. I'm sorry. I've just been told not to. answer any of these questions. By who? Your dad? >> Mhm. Okay. When we talked the other day, you.

described kind of holding the baby, clutching it kind of to your you know, breast chest area and your baby's face. was towards you. Um. was the baby still trying to cry a. little bit and you were just trying to. keep things a little on the quiet side? I'm not sure. You're just not sure. I'm. just I'm sorry. I'm just not sure. I'm not sure. I don't know that not sure is going to. answer some of the questions that people.

are going to want answered. >> Yeah. Um. you're 19. I understand you're. terrified. So, you're in the bathroom, you birthed the baby, baby cried. Um. how long do you think you held the baby. there? Um. I'm not sure. Um is this just going to. be asking me about like holding the baby. like this interview? No, we're going to go into other things. as well. Um. >> But there's a question that.

needs to be answered. >> Yeah. Um. >> It's pretty important question. Can you just give me some time to like. kind of go over it in my head and maybe. answer those later? Um you're grown. You can do pretty much. whatever you want, but I can tell you. right now there are people that are. waiting to find out. >> Mhm. your truthfulness, your honesty, and. what you were thinking at that time. >> Yeah. Going away and then having time to.

what people will view as concocting a. story Oh, yeah. >> might not be the best idea. Um. I'd say. I mean, I really have no concept of time. for like. how long anything happened. But I probably held it for. I think I held it maybe like 10 minutes. Maybe somewhere around there. Okay.

And obviously at some point the baby. wasn't moving anymore, correct? >> Mhm. Um. And then that's when you laid the baby. on the towel, correct? >> Mhm. Clean yourself up some, clean baby up. some, and you ended up taking a a nap. Mhm. And then reassessing the baby and. then determining no, baby's. and probably were were in full panic. mode is my guess at this point. >> And you don't seem like a very like run. around crazy panic person. I'm guessing.

you internalize a lot of things and kind. of think through them the best you can. I mean. I think I Yeah, I'm I guess Yeah, I'm. not a running a running around panicky. kind of person. I just kind of. Kind of had the science mind where you. try to figure out how to work the. problem, so to say. Honestly, a lot of things I do when I. get panic, I just kind of try and put it. out of my mind or I overthink it way too. much. Okay. Were you trying to silence. the crying two roommates didn't hear it?

Cuz all three roommates or sweetmates. heard a baby cry. They I I just put it didn't recognize it. at the time cuz it didn't make sense to. them, you know what I mean? But then, of. course, as they saw everything, it. started making sense to them on that. >> I just kind of put it to head like right. here-ish and it stopped. Okay. Okay, stop crying. >> Mhm. Okay. It's pretty remarkable. One, that you self-delivered, but two,

that you were able to self-deliver in. that amount of time. >> I know. I That's generally somebody. who's had several children. I Once I. realized it was happening, I went to the. bathroom and I I I was hurting so bad I. couldn't move and literally once I got. like the courage to like order an Uber. or call an ambulance, it came. It was coming. >> Can I Can I. Yeah, say on that? Um. you were going to order an Uber or call. an ambulance? You had your phone with. you in the bathroom? >> Yeah, I literally had the app pulled up.

and then as I was typing it in, it I was. like, "Mhm, I can't." I know this is. >> You said it was going to be a cop. Can I. ask cuz I know that the people are going. to ask, okay? Um. so, you were going to call, but then it. came, obviously. That's probably why you. can't dial the phone while it's. happening, right? After it comes out and. and you know, after you've held or you. know, the baby or set it down, um why didn't you grab your phone and. call then? I mean, I don't I I think I was just. scared at that point. I don't know. I.

was just panicking. Okay. I We appreciate your honesty, you know, uh um. obviously, you've been very cooperative. and you've been very helpful, you know. what I mean? This is a very traumatic. experience for you, okay? You know, uh. um. I don't think that you're a bad person, you know what I mean? I don't think that. you've, you know, done anything, you. know, uh um. you know, crazy, but at the end of the. day, I want you to think truly down to,

you know, your actions and everything that. happened, and if you feel, you know, that there's something that we don't. know, you know what I mean? Or something. that you haven't been forthcoming about, you know what I mean? It's imperative. and it's very important that you tell us. that. This is going to be looked at by. us. A lot of people This state. attorney's office is going to look at. this. I'm guessing you saw it was in the. papers, correct? I. >> It made the news. That a baby was found. on campus. Okay. Okay? Now, they don't.

have the whole story. Um that's for sure. But they know that. >> name? Is that in. No, not right now, it's not. Um. now, at some point, these things all. become record. Yeah, yeah. Okay? They do. become record at some point. But there's lots of people looking at. this and trying to figure things out. Um. You there's going to be a lot of people. that are going to have a lot of sympathy. for a 19-year-old in a in a scary.

situation, okay? Um but a lot of those people. want very truthful answers of how things. happened. >> Yeah, yeah, yeah. So again, this could be a key piece of. evidence that will be battled both by. the prosecution and the defense. The. lawyers are due back in court in May to. give the judge an update on where their. preparation stands. A lot on the line here, by the way. According to the Tampa Bay Times, the. aggravated manslaughter charge carries a. 30-year maximum prison sentence. The. other charges, right? Child neglect,

unlawfully holding or removing human. remains, failure to report a death, that. could be up to 25 years in prison. Now, does become a question, would they be. stacked one on top of the other, right? Consecutive sentences, concurrent, all. at the same time. Interesting to think about. 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 podcast. You can also check us out on NBC's. Peacock. We got Sidebar episodes up. there as well. If you want to follow me, X, Instagram, my NewsNation show, Jesse. Weber LIVE, Monday through Friday, 11:00.

p.m. Eastern. I'll see you next time, everybody.