L.A. judge dismisses charge in Ashcraft case
Judge upholds ruling that 22-year-old suspended student cannot be charged with murdering her newborn son.
Joshua Sharp
Holly Ashcraft, a 22-year-old architecture major who has stood trial for two years, still faces a June 27 hearing for one charge of child abuse.
Ashcraft was arrested in October 2005 after a newborn was found in a Dumpster behind the 29th Street Cafe. DNA evidence proved it was her son.
Prosecuting Deputy District Attorney Franco Barrata had cited a coroner's conclusion that the baby was born alive, but defense attorney Mark Geragos had repeatedly challenged that assertion in court.
"I'm extremely pleased," Geragos said of the ruling. "Obviously [the Ashcraft family is] delighted, and I'm happy for them."
Judge Samuel Mayerson concluded that he couldn't "second-guess" Judge David Wesley's decision to dismiss the murder charge and impose a lesser charge of involuntary manslaughter, Geragos said.
Barrata had responded to Wesley's decision by requesting the case to be dismissed, and subsequently refiled the murder charge against Ashcraft.
Judge Mayerson ruled the case had been dismissed twice and therefore couldn't proceed, Geragos said.
This was a reversal of Mayerson's opinion on Monday, when he indicated the case could go to trial but reserved final judgment for a Tuesday ruling, according to multiple media reports.
The child abuse charge against Ashcraft remains, but Geragos said he was hopeful "that cooler heads will prevail" and prosecutors wouldn't pursue that lone remaining charge in the case.
Barrata was not available for comment, but spokeswoman Sandi Gibbons of the district attorney's office said the ruling would be submitted to a Los Angeles Superior Court panel for review.
Based on the panel's analysis of the ruling, the district attorney's office would consider a writ of appeal, Gibbons said.
The case had prominently featured expert testimony by deputy medical examiner David B. Whiteman, who said the deceased infant's lungs were partially inflated, indicating a live birth.

Viewing Comments 1 - 10 of 206
Joe
posted 6/12/07 @ 10:10 PM PST
Anti life liberal California does it again! This girl should be followed for life by someone and tell all people that she comes in contact with what she did with her own flesh and blood! That goes for dates, employers, friends etc. (Continued…)
Fred
posted 6/12/07 @ 10:11 PM PST
Amazing, Kill two children and its ok, as long as its just a bunch of tissue anyway. Ain't it grand that its a womans right to choose. "She's a Wonderful young lady!?"
nevpat
Joe
posted 6/12/07 @ 10:16 PM PST
Holly Ashcraft should be followed around by someone and tell everyone she knows and will know what she did to her own flesh and blood! She should never be allowed to escape her evil deed!
David Lanham
posted 6/12/07 @ 10:19 PM PST
I'm pretty plugged in to news and current events, and this is the FIRST I've heard of this. I don't know why I'm surprised that the national MSM has covered this up. (Continued…)
Charlie Gilreath
posted 6/12/07 @ 10:19 PM PST
Yes what a wonderful kid - parents must be proud - born dead or not, no child deserves to be put in a dumpster. This chick should go Hell, no matter what her IQ is or how proud her parents are. (Continued…)
Joseph Wright
posted 6/12/07 @ 10:20 PM PST
Her guidance counselor said Ashcraft was one of those "memorable kids"... Dumps her baby (alive or deceased) into a trash can. Yeah, she's memorable alright. (Continued…)
A Tullis
posted 6/12/07 @ 10:21 PM PST
How can she be a wonderful young lady as quoted by the guidance counselor when she dumped a baby in the trashcan behind a cafe? Very sick.
Rick Taylor
posted 6/12/07 @ 10:24 PM PST
If the baby was stillborn, then why wouldn't she have gone to the hospital instead of hiding it? Oh well, at least we have found that the key to getting away with criminal acts is to be a scholastically bright pretty white girl. (Continued…)
dm6462
posted 6/12/07 @ 10:25 PM PST
Let me get this straight. The family is "delighted" and the enitre law firm "couldn't be happier" at the outcome - that the dead body of the newest member of the Ashcraft family was found in the garbage and his mother left him there to rot? THAT'S what qualifies one as "a wonderful young lady"?????
Evilabortion
posted 6/12/07 @ 10:25 PM PST
Not to worry if she gets off, as she'll never make to heaven anyway. Abortion is murder and murder is murder in God's view. Too bad, she looks like a nice girl. (Continued…)
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