Trial remains set next month for Davenport woman accused of leaving her infant in a trash can after giving birth

The trial for a Davenport woman, accused of leaving her newborn in a trash can after giving birth in a restroom at the University of Iowa Hospitals and Clinics, remains set for Aug. 15 in Johnson County District Court.

Ashley Hautzenrader, 24, is charged with attempted murder and child endangerment, an aggravated misdemeanor. Hautzenradar told UI police she thought the baby was stillborn when she gave birth May 8, 2016 in a restroom of the John Colloton Pavilion at the hospital, a criminal complaint shows. She delivered the infant in a toilet about 9:24 p.m.

Hautzenrader later told police she didn't know she was pregnant, and the baby wasn't crying when she gave birth so she thought it was dead, the complaint states. She then admitted to police that she attempted to flush the baby down the toilet but instead put the infant in a pillow case and another bag before placing the infant in the trash can, according to the complaint.

She then cleaned up the restroom and left. She didn't tell anybody about the baby or try to get help for her child, the complaint shows. Hospital employees later found the infant alive in the trash can.

Johnson County Attorney Janet Lyness told a judge Friday during a case management hearing that she may need to ask for a continuance because the defense recently informed her last week that they have an expert witness who will testify. Lyness said this would cause the state to also find an expert to give an opinion. 

John Bruzek, Hautzenrader's lawyer, said he has completed depositions of medical personnel but hasn't conducted the depositions of police involved in this case because he was asked by Lyness to hold off until another murder case was completed, as it involved some of the same officers. Those could probably be completed before the August trial day, he added.

Sixth Judicial District Judge Marsha Bergan said she was surprised by the expert issue because no motions have been filed. She set deadlines back in February and hasn't had any reason to change those.

Bergan then told the lawyers if they had motions regarding the expert witness or anything else they needed to file them as soon as possible. She said the trial date will remain set.  

Hautzenrader was initially charged with child endangerment, but after police obtained a search warrant for her cellphone, four days after the birth, she also was charged with attempted murder. 

An affidavit for a search warrant shows the cellphone contained text messages between Hautzenrader and her boyfriend about her being pregnant.

The Safe Haven law in Iowa would have allowed Hautzenrader to turn over the child to the hospital without facing criminal prosecution.

Last November, a judge authorized employees of UIHC to testify in depositions, as requested by prosecutors, about Hautzenrader's medical records and those of her daughter 'AH” and her son, 'Baby 19,” court documents show.

Hautzenrader waived her rights regarding the medical records, which usually are confidential. Court documents show Hautzenrader doesn't have custody of either child.

If convicted on both charges, she faces up to 27 years in prison.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com