Woman takes stand in own defense in day three of murder trial

Emily Usnick has taken the stand in her defense in the trial where she is accused of murdering her child. The baby’s body was found in the trunk of her car during a 2009 drug bust in St. Elizabeth.

The third day of the trial began with the state’s final witness, Dr. Christopher Long. He is a forensic toxicologist. He also assisted with the autopsy of Baby Usnick.

Long said he received samples of Baby Usnick’s blood and liver. He said he found meth in the baby’s liver and blood.

Long explained for the fetus to get meth into its system, it would have to come from the mother, through the placenta. He said for that to happen, the baby’s heart would have to be pumping.

During cross examination, Long said there’s no way for him to know how long the baby was alive in utero. When talking about the “significant levels of meth,” as he called it, Long said in fetuses and children up to two years, the liver doesn’t metabolize anything, so the level of meth would never go down.

After the state rested, the defense filed a motion for dismissal, claiming the state had not provided enough evidence for the charge. The defense claimed the state only provided enough evidence for a “possible cause of death.”

The state told the judge Dr. Carl Stacy, with the Boone County Medical Examiner’s office, testified the baby was “viable” at birth and had medical attention been administered, the baby may have survived.

The judge overruled the motion for dismissal.

The defense’s first witness was Dr. Jane Turner, a forensic pathologist who used to work at St. Louis University and in the St. Louis Medical Examiner’s office.

After reviewing Stacy’s autopsy report, Turner testified she saw the umbilical cord around the baby’s neck. She testified that was a possible cause of death in utero. She said there is no definite signs of this happening and is usually diagnosed in a clinical setting.

Most of Turner’s testimony focused on photographs she took of microscopic slides of the baby’s lung, adrenal gland, brain and heart. All photos showed “gas bubbles” that present themselves in postmortem from decomposition. Turner testified the baby’s remains were affected by decomposition.

Another possible cause of death Turner testified on was an abruption of the placenta. She said that happens when the placenta separates from the wall of the uterus, stopping blood flow to the fetus.

Turner said stimuli can cause an abruption. She also said smoking cigarettes or meth are stimuli. She said smoking constricts blood vessels that would cause the abruption.

Turner explained what happens when an abruption happens. She said the body will try to expel the fetus “concurrent with the abruption, or shortly after.”

During cross examination, the state tried to clarify if 24 hours after an abruption counted as “shortly after,” but Turner would not specify. Usnick admitted to smoking meth the night before giving birth.

The state also clarified Turner was being paid about $500 an hour for her work for the defense, including travel and time spent preparing for her testimony.

The defense then called Usnick to the stand to testify.

Usnick testified she had three children before giving birth to Hannah in January 2009. She said all three children were born in a hospital; she had contractions with all three children; her water never broke, never had morning sickness or any complications with the previous births.

Usnick described St. Elizabeth, where she was staying at the time of the birth, as rural with lots of winding roads around hills and valleys. She said there was one gas station and no restaurants.

Usnick testified she was staying in her uncle’s home with other people she didn’t know well.

“My uncle had a lot of friends,” Usnick said. “I wasn’t there long.”

Usnick said she did not have a job and relied on $234 a month in child support from her oldest child’s father to live on. She said her only cellphone was a “pay by the minute” type and didn’t have access to any other phones in the house. She also said cellphone reception was difficult to find in St. Elizabeth.

When asked when she found out she was pregnant, Usnick said it was August or September. She said she knew she was pregnant by the “butterfly feelings” she had. She testified she did not go to the doctor.

Usnick testified she knew she wasn’t capable of caring for another child.

“It wasn’t in (the baby’s) best interest,” Usnick said on the stand. She said she settled on adoption.

Usnick testified she did not tell anyone she was pregnant. She said when the time came to have the baby, she planned on asking for a ride and explaining later.

On the day the baby was born, Usnick testified she hadn’t been feeling well. She said she believes she was the only person home at the time. While doing laundry, she said she felt intense stomach pains and started walking to the bathroom.

Usnick said she sat on the toilet and felt the urge to push. She said she was sweaty and shaky and didn’t know what was happening.

She said eventually she could feel the baby coming out and then realized she was giving birth. She said the time between when the pain started and when the baby was born was very quick, . Usnick said she was grabbing onto the counter and bathtub and couldn’t reach into the water to get the baby.

Once the baby was out, Usnick said she grabbed a “wicker basket” they used as a tissue basket and placed the baby in there.

“All I could do was look at her,” Usnick said. “She was beautiful. She was pink, and a little blue, and looked like she was sleeping. Silent and still.”

Usnick said she didn’t see any movement and the baby wasn’t crying. She testified she didn’t think she was sleeping.

“I was a failure,” Usnick said. “I let her down. It’s not what I had planned.”

Usnick said she’s not sure how long she sat there but after being able to stand up, walked to her room to get redressed. While in her room, Usnick said she grabbed the blue tote from her bedroom and took it to the bathroom. She said she put the baby in the tote.

“I was scared,” Usnick said. “Still in pain, shock. I didn’t know what to do.”

Usnick testified she believed she wouldn’t make it walking to the neighbors’ homes and said she didn’t have any cellphone minutes remaining.

Usnick testified after she put the baby in the trunk she went back to her room.

“I was a mess,” Usnick said. “I fought off thinking about it. It was too painful.”

Usnick said she was glad the police found the baby. She said she’s at home in an urn now, “waiting to be put to rest along with this.”

Usnick testified she was afraid of the police during her arrest and first interview. She said she wasn’t ready to tell them what happened right away.

“It was difficult then and it’s still difficult now, eight years later,” Usnick said.

Unsick was asked about her written statement when she said the baby may have drowned. She said over the course of conversations with the detectives, she began to doubt herself.

“I didn’t know what happened so I didn’t know what didn’t happen,” Usnick said.

During cross examination, Usnick testified she wasn’t how long the birth went on for.

“I have no concept of time from then,” Usnick said.

Usnick said she pulled the baby out of the toilet by the feet and placed her in the basket. She said this was before she pushed the placenta out.

Usnick said she did not try to do anything to wake the baby.

“She wasn’t breathing,” Usnick said.

“You made that determination,” the prosecuting attorney said. “You determined she was dead.”

The state when went through the steps Usnick took after the birth. They described her retrieving the tote, closing up the trash bag the baby was in, placing the bag in the tote and carrying the tote to the garage where she placed in the trunk of the car.

Usnick said she never told anyone about what happened. She testified denying to police any knowledge of the baby during their first interview.

After Usnick’s testimony, the state called Detective John Paley for their rebuttal.

Paley helped investigate this case and testified on Usnick’s phone records. Paley said the records show Usnick’s phone was used several times on the day Usnick claims to have given birth. One time included a phone call to Usnick’s ex-boyfriend. The defense argued there is no way of knowing who used the phone that day.

Capt. Kip Bartlett also testified again for the state. Bartlett said there was an ambulance substation about three-quarters of a mile away from the home. He also said there were five or six homes in relatively close proximity to the house Usnick was staying in.

During Usnick’s testimony, she claimed the closest hospital was in Jefferson City and didn’t think she’d be able to walk to the neighbors for help after giving birth.

During closing arguments, the state asked the jury to use common sense and give justice and dignity to this baby in death that she didn’t get in life.

The state claimed Usnick had a “guilty conscience” and used the examples of hiding the baby, denying what happened.

The state claimed Usnick’s actions are what led to the death of this baby.

In the defense’s closing argument, they claimed the state did not met their burden of proof. The defense said the state’s expert witness, Dr. Carl Stacy, couldn’t even be sure how or when the baby died, so how could they?

The defense also said there was no risk to the baby’s life by Usnick’s actions because the baby was already dead when it was born.

The defense ended asking the jury not to be “fooled or suckered in” and told them if they looked at all the evidence, they would not find a cause of death. The baby was never alive and would not have been alive during her actions of putting the child in the waste basket, in the tote and in the trunk of the car.