Krystal Taylor will serve three years probation, community service, mental health evaluation
MONTMORENCY CO., MI -- The mother who abandoned her newborn in a Montmorency County dumpster last April is free on probation.
18-year-old Krystal Taylor was sentenced today for child abuse causing death and concealing the death of an infant.
Taylor spent 264 days in county jail as she stood trial and the judge said that was enough.
He sentenced her to three years probation and 160 hours of community service.
The prosecutor says she wanted a harsher punishment but the case came down to a lack of evidence.
Krystal Taylor arrived at the Montmorency County court room and stood quiet and somber next to her attorney as she waited for her sentence. Before Judge Michael Mack made his decision, Taylor said a few words.
"Nobody understands the pain I feel and how much I regret this every day," said Taylor.
Following Taylor's statement, the prosecuting attorney, Terrie Case, also had a few last words.
"I would have loved to see this woman in prison for as long as possible," said Case.
Instead Taylor got out on time served. She spent 264 days in jail. She will now serve three years probation and 160 hours community service and be required to get mental help. As Taylor left the courtroom, prosecutor Terrie Case said she believes Taylor got away with murder.
“Really, this was a vicious, horrible murder, that we can't take to trial because we can't prove beyond a reasonable doubt that the child took a breath before it was killed," said Case.
Case said it goes back to the scene of the crime. The full-term baby sat in a dumpster for seven days in April of last year. During this time, the prosecutor says the body was badly damaged by birds, destroying and picking away at important evidence which could have proved the baby was alive when it was born.
“In order to prove a homicide or murder, we first have to prove the person was alive, as in this case, we would have had to determine the child took a breath," said Case.
But because proof wasn't there when an autopsy was performed on the body, Case said she could only charge her with child abuse causing death and concealing the death of an infant. Under this charge the judge says this is all he could do.
“I feel horrible that the law does not permit greater punishment," said Judge Michael Mack.
The Prosecutor said the law and the system threw this case away.
She said the dead baby couldn't even receive a death certificate because it was never proved to be alive.
Taylor’s attorney declined comment.
Additional quotes from Krystal Taylor at Monday’s sentencing:
Taylor: “I know what I did was horrible and I have an extremely hard time living every day knowing what I’ve done.”
Taylor: “I do take responsibility for what I’ve done.”
Prosecutor Case: “She threw it away like I threw away my napkin from dinner last night, with no more care or concern than I had of that.”
Prosecutor Case: “We would have had gone to trial for a homicide on this case if it would not have been for pathologists stating they could not determine if the child was alive or still-born at the time.”
Prosecutor Case: “She stands in front of you tearing up and saying, ‘Oh gee, I’m sorry for what I did,’ but she didn’t shed a tear for this child until she got caught.”
Prosecutor Case: “I would have gone to trial and I would have loved to see this woman in prison for as long as possible, but unfortunately, my job as prosecutor is to prove beyond a reasonable doubt and I didn’t have the evidence to do that because she threw it in the trash. Sat there for seven days, eaten by birds, no organs left to be tested.”
Prosecutor Case: "As of today, she'll be back on the streets, even though she threw away a child that she gave birth to.”
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A Montmorency County woman accused of leaving her infant in a dumpster is given probation at her sentencing.
Krystal Taylor was sentenced Monday for Child Abuse - Second Degree and Concealing Death of an Infant. Taylor will spend three years on probation and take part in 160 hours of community service.
Taylor already spent 264 days in jail. She was arrested on June 6 and originally charged with Involuntary Manslaughter in the death of baby Belle Angel Taylor-Berney.
The baby's father, Erick Berney, 26, was arrested on the misdemeanor charge of aiding and abetting the concealment of the death of an infant child. All charges against Berney have been dismissed.
The charges stem from the discovery of a dead baby in a dumpster off Matthews Rd. on April 7. Officials believe the infant had been discarded in the dumpster on April 1, 2010. While the body was preserved due to the cold weather, the child had been attacked by birds making the autopsy more difficult.
