They acquitted the woman accused of killing her baby and discarding her remains in a garbage container in downtown Buenos Aires

The City Police at the scene of the event (Maximiliano Luna)
The City Police at the scene of the event (Maximiliano Luna)

L., nicknamed “La China”, was imprisoned in the Ezeiza prison accused of a heinous crime: having killed her newborn baby and then having discarded his remains in a garbage container in downtown Buenos Aires. This Monday, the Oral Criminal Court No. 30 unanimously acquitted after the prosecution dropped the prosecution. From the beginning, his defense, exercised by the lawyer Gaston Maranoheld that he did not stab or strangle his son but there was miscarried in the midst of an obstetric emergency, a gestation of between seven and eight months, in her apartment in the San Nicolás neighborhood.

It all started almost two years ago, on December 15, 2020, in the midst of the pandemic. That Tuesday afternoon, after 2:30 p.m., a police report indicated that a cartonero found “a dead baby” on Lavalle street at 1,600, inside a black nylon bag, wrapped in a brown towel. After alerting the residents and merchants in the area, the SAME reached Calle Lavalle to try to revive the creature. “There was nothing to do, he was a newborn.” He was a male.

A week later, L. was identified by the City Police. The file had begun as an investigation of the cause of death for dubious criminality. It didn’t take long for it to be classified as a crime.

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Brigade personnel from the 1st Police Station raided “La China” after monitoring by security cameras. She was seen in the videos of the container night, dressed in a white T-shirt, Crocs-type flip flops. Thus, they arrived at the apartment that she shared with her partner, with the order to seize cell phones, bloody clothing. L. had arrived in the country in February 2018, a native of Anzoátegui, Venezuela. She had gotten a job at a computer company in 2019. She was raising two boys, one of hers, of legal age, the product of a previous relationship, and another minor, the son of her boyfriend, who lives with attention hyperactivity disorder and maturational delay.

The Police after the discovery in 2020 (Maximiliano Luna)
The Police after the discovery in 2020 (Maximiliano Luna)

L was arrested, sent to a police station, then to prison, accused of being the murderer of her own son. Her defense always ensured that she was “an avalanche birth”, that the pregnancy had not reached term, with a weight of 2.4 kilos. Also, that she never knew that she was pregnant and that she, in fear, threw the fetus into a dumpster.

Even CELS, the Foundation for the Development of Sustainable Policies, the Esquina Libertad Limitada Cooperative and the Penal Thought Association introduced himself as amicus curiae before Court No. 30. According to the presentation you accessed Infobae, They claimed that “La China” She was the victim of a judicial investigation without a gender perspective and of police, medical and institutional violence.

This Monday, from National Committee for the Prevention of Torture the acquittal was celebrated. And they took up again what they were trying to make people understand, that L. “has polycystic ovaries”. It was also pointed out that “she was unaware of her pregnancy status when on December 15, 2020 there was an avalanche birth, which is part of the so-called ‘obstetric emergencies’ and that require immediate medical attention. And what was said by the experts in the trial was highlighted, “regarding the picture of pervasive denial of the pregnancy she was going through, so she was not aware of her condition.

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Precisely, the psychological evaluation carried out by professionals from the General Defender of the Nation was forceful. They carried it out on January 8, 2021 and in its conclusions it reads: “The examinee experienced a process of generalized denial of pregnancy. She did not experience bodily modifications or changes, she reports that she never stopped menstruating, she did not present nausea or vomiting, she interpreted the weight gain as an increase in food intake due to the pandemic, as was the case with her entire family group.

And he continues: “The birth was not experienced or introjected as such, but as the expulsion of clots during abundant menstruation. That is there was no psychic representation of the gestation of a baby, much less the birth of a child”. In her statement, L. assured that she did not hear a cry when the fetus came out, with profuse bleeding.

For Marano, defender of L., “it is one of the most scandalous cases of criminalization of non-punishable conduct that I have seen in my career. Two years ago a woman with an accredited psychiatric and physical disorder that prevented her from noticing her pregnancy has been imprisoned.

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