Expert: Jack Toomey - 1/7/2010

Question
I've noticed you've previously written answers for writers, so I'm hoping you'll be willing to do one more.

I'm writing a play involving a death-penalty appeals case.  The crime in question was the murder of an 18-month-old child.  The mother - who lives alone with the child - came home from a party at 2:30 a.m., paid the babysitter, checked (with the babysitter) on the baby, and then called the babysitter a cab.  She was drunk, and so she fell asleep on the sofa once the babysitter was gone, and didn't lock the door.  In the morning, she claims, she woke up and went to check on the child, and the child was missing.  No ransom note.  A search ensued, and the mother gained huge public sympathy.

In a case like this, what would make police begin to suspect the mother?  I'm thinking what might happen is for there to be a week or so when no good leads are found, and then for the body to be found in some way that seemingly implicates the mother.  But the body can't be anywhere in the house or the grounds, or it would be found in the first few hours of the search.  Would a body that had seemed to be cared for after death (carefully wrapped, maybe a flower put on it) be enough to turn suspicion on the mother?  What other evidence would be needed to make an arrest?  Obviously, the mother's fingerprints and hair would be all over the apartment and the child's pajamas and blanket, so that wouldn't mean anything.  There isn't going to be a confession - her lawyer's doubt over her guilt is part of the plot, so I need her to maintain her innocence.  (She does have motive, however - the child is the result of a painful affair with a married man, and her parents have ostracised her for it.)

Thanks very much - this is very helpful!

Margaret

Answer
Margaret,

I am assuming that the police know everything that you have written?  The party, the babysitter, the married man, and the attitude of the family?

First of all before I forget there cannot be fingerprints on a blanket or pajamas.  There could be hair, fibers, DNA, but not fingerprints.  The surfaces are too porous for latent fingerprints to adhere.

If it was me and I knew that the woman had passed out drunk on the couch I would be curious about the babysitter and consider her a likely suspect.  That would be on the first night.  The babysitter would need to be checked out thoroughly to determine her movements after she left the house.  If the baby sitter was eliminated the mother would be the likely suspect seeing that she was drunk and supposedly passed out.  Under that set of circumstances the likelihood of an accidental death and disposal of the body would be my suspicion.  She is drunk, she tries to feed the baby, and drops the baby killing him/her.  Then in a panic she disposes the body somewhere.  Of course only she knows this before the body is found but it is a logical conclusion to a scenario where she comes home from a party intoxicated resulting in a missing baby.

Once the body is found with a flower placed on the body it would be a huge red flag that someone very close to the baby is involved.  Not some mysterious kidnapper.  

I would doubt that the family has any great love for the baby but they still would have to be interviewed and have to account for their whereabouts at the time of the crime.

From what you have told me there is no chance that this is a stranger coming into the house.  The chances of that happening are so slim that it probably would not be considered.

Let me know if any of this is not clear.