Student Who Killed Newborn in Dorm Called it Her ‘Favorite’ Birth Control Method: Prosecutors

Can you tell me about the baby? >> The baby? >> A young woman faces aggravated. manslaughter and child neglect charges. after she allegedly gave birth in a. Florida dorm room bathroom and put the. newborn in a trash can that she shared. with three other people. We obtained. audio of two interviews that the then. 19-year-old Brianna Moore did with Tampa. police to get insight into the sensitive. investigation and how police and. prosecutors came to the conclusion that.

this teen should face felony charges. Welcome to Sidebar, presented by Law and. Crime. I'm Jesse Weber. Our. team combed through more than 100 pages. of police reports and warrants, and we. were able to get a lot more information. about Brianna Moore and what allegedly. happened inside McKay Hall on the. University of Tampa campus back in April. of 2024. Because at that time, Brianna. Moore was a freshman. She told Tampa.

police she was from Meridian, Mississippi, where her family had a. small farm and that she'd come to. Florida on a partial scholarship to. study marine biology. According to. police, Moore was pregnant when she. arrived on campus. And Moore said she. had no idea, but admitted she may have. been in denial. And I'll tell you what, reality came crashing down around her. when she awoke one morning around 7:00. a.m. not feeling well and went to the. bathroom. Now, the bathroom was between. two dorm rooms and was shared by four.

people. That is where authorities say. Brianna Moore gave birth to a baby girl. But instead of calling for an ambulance. or alerting anyone to what had happened, Moore apparently admitted to police that. she sat with the baby for a while in the. bathroom before taking a shower and. falling asleep for around an hour. She. told Tampa police that she believed the. baby died not long after it was born. She says she was shocked and panicked. and ended up putting the dead child in a. trash can. But if Moore had been hoping.

to keep the birth a secret, that hope. was quickly dashed when her roommates. discovered the bathroom was covered in. blood and the baby's tiny body in the. trash. Now, we're going to take a closer. look at each step of this investigation. And to do that, I want to welcome. criminal defense attorney Michael. Gotautle onto the show. Michael, thanks. so much for taking the time. Thanks for. having me here. >> This is a really, really sad case. I. mean, whatever way you look at it, a. baby comes into the world in a traumatic.

way, didn't survive. Do you see a lot of. these kind of cases? And when does it, you know, what does it come down to. legally? >> So, we don't see a lot of these cases. And when you do, it really shocks your. conscience of, you know, first of all, how can a young girl from the Bible belt. come to school? She's clearly sexually. active and she's ashamed of that. She. doesn't want anybody to know she's. pregnant. She's trying to hide it. She. really hasn't made any friends. Her. sweetmates don't really know her yet.

Everybody suggested from what I saw that. she at least looked like she was. pregnant. And here's a girl who's in. denial because obviously in the state of. Florida, she can't have an abortion. She. can't go home. She she can't tell her. family she wants to have an abortion. So, she's having an unwanted pregnancy. She's not properly nourishing this. child. And it really builds into, you. know, what's likely to be, I think, not. a murder one or a murder two, but more. of a manslaughter type of a uh.

prosecution that she negligently harmed. the child uh and negligently probably. killed the child, I think, is the theory. that the government's probably going to. pursue. >> Hey, I want to thank One Skin for. sponsoring today's episode of Sidebar. because let's be honest, being on camera. as much as I am, I think it proves the. point. Having the right skin care. products matter. Our skin gets older. It. gets dry. There's deeper wrinkles. That's a problem. But there is a game. changer out there. It's called One Skin. So, One Skin was founded by an allwoman. team of scientists who developed a. proprietary OS1 peptide. This peptide.

targets cellular scinessence that is a. key hallmark of aging. And it's. scientifically proven to decrease lines. and wrinkles, boost hydration, and help. with thinning skin. They have over 4,000. five-star reviews for their full line of. face, body, sun, and travel size. products. And one of the things I like. most about Onkin is how easy it is to. integrate into my daily routine. Just a. few simple steps, I'm good to go. So, for a limited time, you can try Oneskin. for 15% off using the code sidebar when. you check out onkin.co. That's 15% off. at onkin.co with code sidebar. Remember.

to tell them that we sent you there when. they ask how did you hear about them. Invest in the health and longevity of. your skin with one skin. Your future. self will be thanking you. So, let's go. back to Saturday, April 27th, 2024. Now, Moore has given birth, moved from the. bathroom back to her dorm room, and her. roommate wasn't there. According to a. report that was submitted to the. Hillsboro County prosecutors when one of. the girls next door went into the. bathroom later that afternoon, she. reportedly saw blood everywhere and was.

concerned that maybe one of her. sweetmates had had a miscarriage. So, campus security and EMS personnel, they. went to Moore's room in McKay Hall to. check on her. Now, Moore reportedly told. them that the blood was from her. menstruation and that she wasn't. pregnant. But the other roommates were. all in a group chat together trying to. figure out what was going on with Moore, who they told police they weren't that. close with. And all three said they had. heard a baby crying early Saturday. morning, but had thought maybe they were.

dreaming or that it had come from a. video. And police say it wasn't until. Sunday that Moore's roommate realized. something was very wrong. And this is. what the charging documents say about. this gruesome discovery. Witness one was. with a friend, witness 4, inside the. dorm room to gather some items for. witness one. While inside the room, witness one and witness 4 saw a bloody. towel inside the suspect's trash can. Using a styrofoam container, witness 4. touched the towel and felt something. firm inside. Believing this was possibly. a baby, witness 4 picked up the trash.

bag from the can, walked outside with. witness one, and alerted campus safety. Witness one and witness 4 were joined by. witness 2 before campus safety arrived. Campus safety opened the towel in the. presence of witness 4 and found a. deceased infant. Now, Michael, this. gives us a better idea of what was going. on, but it also makes it clear that. there were multiple people who were. witnesses who could be really critical. to this case. >> Yeah. But I think the case really comes.

down to like if I had to if I had to. defend her, right, the case is really. going to come down to the fact that the. doctors already said she's in a. disassociative state, right? So, a. disassociative state or a fugue state, it it it can rise to the level of an. insanity. I mean, here's a young girl, as I said, she's so troubled, so. traumatically affected by the fact that. she's pregnant. She doesn't know what to. do with the baby. It sounds like she. she's considered giving the child away.

She really hasn't considered, nor is she. mentally mature enough to consider. proper child birth. So, she's in this. sort of state of denial, disassociating. with the fact that her own body is. pregnant. I don't know if a lot of. people will respond to that, you know, in a in a jury. Um, but she does have a. potential defense. I don't know that it. rises to the level of insanity. So, you'd really have to go for what we call. a jury pardon. >> So, so like jury nullification you're.

talking about basically. Okay. Where. they But that's not you can't argue. that. You're not supposed to argue that. >> Not supposed to argue that. But what you. have to do, it's the art of mitigation. as you're arguing for her and you're. arguing about where she came from coming. from the Bible belt, you know, and you. kind of have to mix the politics of, you. know, pro-life versus pro-choice into. all this and how she her, you know, by. the time she realized she was pregnant, it was beyond 6 weeks and her back was.

up against the wall and, you know, that. kind of thing. and and and look, there's. going to be a lot of people who say she. should have had the baby, dropped it off. at a fire station, right? That's already. come up in in the analysis of the case. But. >> well, let let's talk about it. Let's. talk about it cuz she did at least two. interviews with police and the first was. inside a police interview room and we. obtained audio recordings of that. interview which took place after. detectives went over Moore's Miranda. rightites with her and she agreed to. talk to them. Take a listen. >> Can you tell me about the baby? the.

baby. >> Listen, you're very smart. I know this. And you're a 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? >> 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 sweetmates. all heard the baby crying. How long? I. would say like 5 seconds maybe. >> 5 seconds of crying. >> Something around thatish. >> 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. >> Now, Moore seemingly admitted to the. detectives that she hadn't had her. period in about a year, but says she. attributed that to the fact that she had. stopped using a birth control patch. So. the detectives know that this is a very. delicate situation, but they need. details from more about what happened. >> So you went to the bathroom and. obviously. had a baby. >> Mhm. >> Um did you deliver the placenta as well?

>> Yes. >> Okay. You're sure about that? >> I'm pretty sure. >> Pretty sure something else after the. baby came out and something pretty good. amount of something. >> Yeah. >> Okay. It's just it's important for your. health on that. >> 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. >> Mm. >> So the baby cried for a short time. period. >> 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. Well, 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've 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. got scared. and. Yeah. >> Yeah. Okay. What did you do after that? Um,

I sat a flower 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 I. mean I took a nap and then when I got up. I just completely. did not know what to do. >> Michael, your reaction to what she has. to say so far? You know, you my reaction. is here's a young girl who is clearly. confused. She's stating she wasn't even.

certain she was pregnant. Missing her. period was not unusual for her because. she was no longer on the birth control. medication. The baby cried for a few. seconds and then appeared to her to no. longer have a heartbeat. She's confused. She's concerned. She's. scared. Didn't know what to do. Stayed. in the shower for a long period of time. obviously had just given child birth and. she's exhausted and and she went to bed. And I think all of that goes to that.

disassociative state and she's really. just not properly processing what. exactly has happened to her. >> Let's go back into the interview and see. a little bit more. >> You could do it again. What would you. do? Um, probably when I. started feeling bad, probably go to the. hospital. But, um, once I thought that I was in.

labor, I just I was like, I can't afford. first of all to have a baby at the. hospital. And then I was like, I just I. got so panicked. I didn't know what to. do. And then I was like, "Okay, well, if. it if it makes it, then I can just take. it to the hospital and surrender the. baby." Because you can do that, can't. you? Like you can take it to a hospital. >> Yeah, that's what I had in my head that. I was going to do, but then I just. didn't. Um, and it just didn't seem. alive,

>> so I didn't. >> Yeah. Alive in the beginning, but then you. think passed shortly after delivering. Is that what your your thought process. is? >> Mhm. >> Can I ask why you wouldn't or didn't. call 911? >> Cuz I was scared and I didn't want. anyone to know and it's just I don't. know. I just got scared and panicked and. I don't know. >> See, Michael, what do you think this. line of questioning is trying to.

establish? Are there I think they're. trying to do two things here, right? They're trying to establish was the baby. alive when born and did you know that. and did you make a conscious decision to. either not get help or do something. where the baby would not survive? And. I'm curious what you're taking away from. this line of questioning. >> So, I think yeah, obviously the I think. the detective is he's he's got a a nice. soft demeanor about him. Um you know, they're not badgering her and they're. trying to find out is this a murder one,

is it a murder two? Did she. intentionally commit this act? I, you. know, she's done some damage to herself, but at the same point in time, she kind. of helps herself. She says, "If the. child was alive, I was going to take him. to, you know, the hospital and surrender. him. You can do that here." She's. showing her mental immaturity. She's. showing her naivee, if you will. And. then she says, "But it, the child didn't. seem alive, so I didn't really do that." again, she. hurts herself when she says, "Well, I.

didn't want to go to the hospital. because I didn't have the money.". >> Yeah. >> Um but, you know, so the the the cops. are, you know, they're trying to hone in. on what is the actual charge here. Um. without really doing her damage. I don't. see this because detectives can take a. statement in a way to try to sort of. paint you in a corner. And I don't. really see them doing that here. I see. it more as an open-ended kind of what. happened. you can maybe sense that they. feel for her because this was an. emotional journey that she had to go.

through and really didn't understand. what was going on. Um, you know, and and. again, I'm going to go back to that. disassociative state. If the doctors can. really sell that, jurors might buy that. and might buy that she was so confused. that she really didn't know what she was. doing. >> So, the detectives, they're skeptical. They're skeptical that Moore could be. nearly fullterm in her pregnancy and. have no idea. And Moore told them that. she didn't gain much weight, that all of. her clothes still fit her. She also said. she hadn't had any other symptoms of.

pregnancy like morning sickness. She. claimed no one approached her about her. possibly being pregnant. But according. to some of her sweetmates, they had. concerns that Moore might be expecting. And when an officer watched surveillance. footage from inside the door, the dorm, he watched more apparently walked down a. hallway and noted while she didn't have. a large belly, it was obvious she was. pregnant. >> Just having a hard time getting over the. fact that you didn't know you were. pregnant. Did you know? And you were.

just embarrassed about it and weren't. sure what to do. >> No, I had no idea cuz all my, like I. said, all my clothes still fit. Um, and. then I didn't have like any like. sickness or anything like I never felt. bad. >> Did your Did your belly distend because. your roommate said look like a pretty. good size little belly here and she. thought that was odd because you know. you were skinny. She said everywhere. else, but had definitely a pronounced.

>> I mean all my closeup I'd say like cuz I. would just assume like it was freshman. 15 or whatever but when I was sitting. down I'd say it was probably about like. this much bigger. >> Okay. >> So the charging documents indicate that. Moore handed over her cell phone for. examination and consented to a cheek. swab to get a sample of her DNA. Now, Moore later did a second interview a few. days later with detectives in a squad. car where she was read her Miranda.

rightites 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. >> I've done some light ones and I think it. would have been. >> What 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 everyone? >> 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 fullterm. I'm not 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. >> So, it 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. I feel like Hold on. I'm 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. And in the audio, you can hear the. officers pushing more a little bit on. her story and her reticence to talk. about some things. >> 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 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 birthe. the baby. Baby cry. 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 it's a question that needs to be. answered. >> Yeah. Um, >> it's a 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. >> 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 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? >> And you cleaned yourself up some, cleaned baby up some, and you ended up.

taking a a nap. >> and then reassessing the baby and then. determining no baby's and probably were. in full panic mode is my guess at this. point. >> And you don't seem like a very like. runaround 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 yeah, I'm I. guess yeah, I'm not a running a running. around panicky kind of person. I just. kind of. >> kind of have 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 so roommates didn't hear it? because all three roommates or. sweetmates heard a baby cry. >> They I I just put it. >> didn't recognize it at the time because. 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 mean I just kind of put its head like. right hereish and it stopped. >> Okay. Okay. Stopped crying. >> Mhm. >> Okay. And the detectives circled back to. who the father of Moore's child could. be. >> I feel like it's got to be between like. two people. >> Do you know their names? >> Um, yeah. I can tell you their Are you. going to contact them? >> I don't know yet, but we might have to. >> Okay. Um, yeah, I can tell you their.

names. >> Michael, how important is it to locate. the baby's father? >> So, you've got a prosecution, right? If. you, you know, when you have a. prosecution and you have a a you know, a. father or survivor in a murder case, um, from the prosecution standpoint, you. want to humanize that deceased baby. You. want someone to come forward and say, "Yeah, had I known that she was. pregnant, I'd have helped her, I'd have. given her the money to go to the. hospital. I'd have raised that child. I'd have been there for her, and I've.

been support." because that's going to. help a jury get to a murder conviction. So, those questions are definitely not. benefiting her and are helping the. prosecution. They want to humanize this. fetus. A lot of people, you know, don't. believe that a fetus is a child, right? So, that's a debate. Obviously, that it. was born, it cried, so it now becomes a. child. Um, but you know, they they. really want to put a father there,

somebody to testify, uh, and they'll. figure out who that is, if she's being. correct with the DNA test, that yes, that was my child. I'd have been there, I'd have raised that child had that been. a viable pregnancy had that child lived. >> It's pretty remarkable. One, that you. self-d delivered, but two, that you were. able to self-deliver in that amount of. time. >> I know I. >> that's generally somebody that'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. >> It was coming. >> Can I can I. 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. likem I can't I know. >> me account. >> Can I 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 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. >> We appreciate your honesty, you know. 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, 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 are going to look at. this. >> State attorney's office is going to look. at this. >> I'm guessing you saw it was in the. papers, correct? 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 what about my name? Is that in. >> No, not right now. It's not. Um, now at. some point these things all become. record. >> 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, 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. >> Moore and her family coordinated with. the local funeral home and according to. an article from the Tampa Bay Times, she. returned home to Mississippi with the.

newborn's remains in an urn. And over. the next several months, Tampa police. and the Hillsboro County Prosecutor's. Office worked closely together to. determine if there was probable cause to. charge more with a crime. And before the. baby was turned over to the funeral. home, an autopsy was performed. And. according to charging paperwork, which. reads, "During the autopsy, it was. discovered that the infant had sustained. multiple fractured ribs along the spine. and evidence of peticial hemorrhaging in. the lungs. Dr. McCormick determined that.

the cause of death was asphixxia due to. compression of the torso with rib. fractures and the manner of death as. homicide. Now, Michael, that's that's. compelling evidence. I'm sure the. defense will present their own expert to. combat that, but that's compelling. >> I you know, I suppose it is, except that. I'd want to question the medical. examiner, right? There was nobody to. assist her in having the child. She had. the child by herself on a bathroom. floor. Um, could it be from hugging the.

child? Could it be from esphyxiating the. child? Could it be from the fact she. didn't know that she was pregnant and. the child was malnourished coming out of. her birth canal by herself on a bathroom. floor? Could she have inadvertently. harmed the child? Right? Could she have, you know, in the manner she there's. there's nobody helping her birth this. child? So, is it possible that those. injuries that were sustained were. accidental? And I I suspect that a. medical examiner is going to answer that.

question and say, "Yeah, it's possible. You're you're talking about a nine and a. half month old fetus that was just born. It's very fragile.". >> And here's the other part. We didn't. even get to this. When authorities got. their hands on digital evidence from. Moore's phone, they found disturbing. messages. On September 13th, 2023, the. defendant sent multiple text messages. back and forth with a contact in her. phone labeled Casim. These texts are. part of a much larger chain of text.

messages. However, the messages relevant. to this motion occur only on September. 13th, 2023. Now, in September of 2023, Moore would already have been pregnant, although whether she knew or not, that's. up for debate. I'm going to warn you, these messages are unpleasant to say the. least. And in the messages, Brianna and. Casim are talking about what are. sometimes referred to as morning after. pills or abortion pills. And Casim calls. them plan C and says crazy. And Brianna.

replies, "Hey man, sometimes you need a. plan C." Cassim writes, "Plan A was. condoms. Plan B was the pill. Plan C was. to kill the kid." To which Brianna says, "Plan C is my favorite." Michael, I. wonder if that is the most problematic. part of this case. >> From a defense standpoint, that's pretty. damning evidence, right? So, it sounds. like there that's how the prosecution's. going to get to murder in the first.

degree, planned, prepared, and that's. how you paint a picture of a cold, callous individual who didn't care that. she was pregnant, didn't try to nourish. the child, didn't try to give the child. away, didn't try for healthcare. Yeah, that's evidence that I would prefer if I. was defending this case did not exist. >> Yeah. And I'll tell you what, in the mo. in a motion to have the text included as. evidence at trial, the prosecution. wrote, "The September 13th, 2023 text. messages are relevant. They very clearly.

lay out a willingness to kill a baby if. other means of contraception have. failed. Although intent to kill is not. an element of the charged offenses, there is an intent element inherent in. the willful failure to provide care of a. child neglect charge and consciously. doing an act or following a course of. conduct that gives rise to culpable. negligence for an aggravated. manslaughter charge. And in October of. 2024, months after the birth, authorities arrested Moore in. Mississippi, brought her back to. Florida, and she was charged with child.

neglect with great bodily harm, unlawful. storage, preservation, or transportation. of human remains, failure to report. death to medical examiner or law. enforcement, and aggravated manslaughter. of a child. Do you think it's going to. be a straightforward case, Michael, to. prove that? And I will tell you also the. charges were later amended to change the. charge of unlawful storage of human. remains to unlawful hold or storage of a. human body in unapproved conditions. But. go back to you. Do you think those. charges are going to be straightforward. or easy for prosecutors to prove? >> You know, I don't think anything's ever.

easy, especially when you have um. emotions involved in a in a case like. this. I think that, you know, there's. certainly for the prosecution, there's. direct evidence, there's circumstantial. evidence. So, I don't think they have a. huge hill to climb to get there. And. because they're not going for murder in. the first degree, and they're going for. these lesser charges, yeah, I I I think. a conviction is likely. >> Now, one of the cases recent court. filings kind of give us a glimpse a. little bit maybe into the type of.

defense Moore might use, and that's. because the prosecution noted that the. defense wanted to bring in an expert, expert testimony from Dr. Nicole Graham, a forensic neuroysicist, and the state. deposed Dr. Graham in May and included a. transcript from it in its motion to. strike her testimony. They don't want it. in. Dr. Graham did her best to try to. describe what a mild disassociative. state is like. quote, "It is a bit of a. disconnect from reality, but not in the. psychotic sense where you're.

misperceiving reality, but in the sense. in which your emotions and your. cognitive thought processes are aren't. aligned with how you would typically act. in day-to-day functioning. We might see. people in a disassociative state as a. response to trauma where they do have. gaps in their memory or they have like. perceptual disturbances. Sometimes. people report feeling being disconnected. from the situation. So they feel as. though they're not even in their own. body. They're like kind of an outsider. looking in to what's taking place. Those. can be very emotionally overwhelming. situations. And as part of her interview.

process, Dr. Graham explained that she. has people go through the story of what. happened multiple times, occasionally. inserting pieces of information that. she's learned from other sources into. the conversation to see how the person. talks about the experience each time. And that can help indicate whether a. person truly doesn't remember something. or if they might be, you know, putting. on an act. And during the deposition, Dr. Graham said of Moore, she described. herself as being numb, that she kind of. just didn't feel anything. And likewise, in the reports immediately surrounding.

that time, had described her likewise as. being numb or flat or the presentation. wasn't consistent with the severity or. reality of the allegation of what what. she had gotten herself into. So, Michael, real quick, your take on a. possible defense here on that. >> So, the possible defense, the. affirmative defense is insanity. Okay. You have to not be able to distinguish. between right and wrong and know what. you're doing is is is wrong. Um, and a. disassociative state, that is possible, but in the absence of a major mental.

illness, not very likely. And that's. essentially what the government's saying. is this doesn't rise to the level of. insanity. the doctor hasn't said that. she was insane at the time that she gave. birth to the child, at the time that she. killed the child. Um, so therefore, her. testimony is irrelevant because you. can't ask for a jury pardon and that's. essentially what they would be doing by. making this argument. So, it's. definitely a wellfounded motion. If the. doctor comes on a little stronger and. says it could rise to the level of.

insanity, then the testimony should be. admitted. >> Now, Dr. Graham testified during the. deposition that she believed Moore. experience what's known as a cryptic. pregnancy, which happens when women. genuinely don't realize they're pregnant. until they give birth. She said Moore. has a passive personality, low. self-esteem, emotionally immature, which. all likely contributed to her decision. to try to hide what happened. But but. Dr. Graham said she had not been hired. to determine if Moore was insane, per. se. But based on her interactions with. her, she was not. Uh according to the.

Tampa Bay Times, uh reporting indicates. Moore faces up to 30 years in prison if. she's convicted on the top charge of. manslaughter of a child. Uh her trial. was originally set to begin on July. 21st, but on July 11th, a notice was. filed with the court that the appearance. was cancelled. There was no specific. reason that was given, but the Hillsboro. County Court docket indicates a motion. for continuance was filed. Michael. Gotautle, thank you so much for taking. the time. Really sad case, a lot of uh. interesting elements to it, but. appreciate it. >> Thanks for having me on. 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 should get your. podcast. I'm Jesse Weber. I'll speak to. you next time. [Music].