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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

Issue date: 6/13/07 Section: News
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A second Los Angeles judge threw out the murder charge against a suspended USC student accused of killing her newborn child on Tuesday.

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.
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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…)

(3 replies)   Details   Reply to this comment

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…)

(1 reply)   Details   Reply to this comment

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…)

(1 reply)   Details   Reply to this comment

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"?????

(2 replies)   Details   Reply to this comment

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…)

(7 replies)   Details   Reply to this comment

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