"Newborn John" KIPFMILLER (2009) - Bay City MI

Bay County judge sentences Nicole L. Kipfmiller to 8-15 years in prison
Published: Monday, January 24, 2011, 1:48 PM Updated: Tuesday, January 25, 2011, 9:08 AM
By Holly Setter | Booth Mid-Michigan



BAY CITY — Bay County Circuit Judge Joseph K. Sheeran today sentenced Nicole L. Kipfmiller to a minimum of 8 years and a maximum of 15 years in prison in the slaying of her newborn son.

He also sentenced her to a minimum of 80 months and a maximum of 10 years for a charge of disposing of a dead body. That sentence will be served concurrently with the other.

She was given credit for 357 days served.

"This case was always about trying to find justice for the baby boy," said Bay County Chief Assistant Prosecutor Nancy E. Borushko.

Kipfmiller, who turned 20 on Jan. 12, has been incarcerated at the Bay County Jail since her Feb. 2, 2010, arraignment.

Kipfmiller apologized to her family, thanking them for their support and telling them that they know the truth about her. She also apologized to Sheeran, saying that she knows the case has been difficult for all involved.

"God knows the truth," she said in concluding her comments.

On Nov. 30, the day her trial was to begin, Kipfmiller pleaded no contest to involuntary manslaughter, a 15-year felony, and disposal of a dead body, a 10-year felony. In exchange, Borushko agreed to dismiss a count of second-degree murder.

A no contest plea is not an admission of guilt but is treated as such for the purposes of sentencing.
As part of the plea agreement, Borushko and Kipfmiller’s attorney, William A. Brisbois Jr., agreed Kipfmiller had to serve a minimum of eight years behind bars.

On Dec. 10, 2009, Kipfmiller delivered a boy at the house where she lived with her mother in the 4800 block of S. Flajole Road in Williams Township. Hours later, Kipfmiller arrived at MidMichigan Medical Center in Midland, seeking medical attention.

When doctors determined Kipfmiller had recently given birth and asked where her child was, she reportedly gave ambiguous answers before eventually telling them of the infant’s location.

In the early morning hours of Dec. 11, Bay County sheriff’s deputies found the baby’s remains in a commercial trash container behind Mieske’s Country Market, 2509 W. Midland Road, a short distance from Kipfmiller’s home. The body was in two plastic bags placed inside a cardboard box bearing Kipfmiller’s surname, records show.

Forensic pathologist Dr. Kanu Virani, who performed the autopsy on the baby, has testified the child was born alive and died because of asphyxiation. He added the baby had gestated for about 35 weeks, making his delivery about a month premature.

http://www.mlive.com/news/bay-city/index.ssf/2011/01/bay_county_judge_sentences_nic.html

Bay County prosecutor says Kipfmiller investigation remains open after sentencing
Published: Monday, January 24, 2011, 2:24 PM Updated: Monday, January 24, 2011, 10:33 PM
By LaNia Coleman | The Bay City Times



BAY CITY — Nicole L. Kipfmiller has learned her fate but the investigation into the death of her infant remains open, a Bay County assistant prosecutor says.

Assistant Prosecutor Nancy E. Borushko would not say whether she expects anyone else to face charges in the Dec. 10, 2009, death of the newborn boy.

“When a life is lost, there is no perfect justice,” said Borushko.

Today, Bay County Circuit Judge Joseph K. Sheeran sentenced Kipfmiller, 20, to eight to 15 years for involuntary manslaughter and 80 months to 10 years for disposal of a dead body.

Sheeran gave Kipfmiller credit for 357 days already served. She will serve the sentences concurrently.
The Williams Township woman pleaded no contest to both charges as part of a plea deal worked out between Borushko and Saginaw attorney William A. Brisbois Jr..

A no-contest plea is not an admission of guilt but is treated as such for purposes of sentencing.
“This case has always been about trying to find a small amount of justice for the baby boy,” said Borushko.

She said it was a hard case to handle.

“Anytime you’re dealing with a child, it’s very difficult to be part of,” she said.

Before hearing Sheeran's ruling, Kipfmiller apologized to her family and thanked them for their support.

"They know the truth," she said. "God knows the truth and I know he will forgive me."

Weeping could be heard in the courtroom filled with family and friends of Kipfmiller.

Kipfmiller waved and blew kisses to her loved ones as a Bay County Sheriff's deputy led her out of the courtroom. Authorities have not said where she likely will be housed or when they expect her to be transferred.

Brisbois could not be reached for comment.

http://www.mlive.com/news/bay-city/index.ssf/2011/01/bay_county_prosecutor_says_kip.html

Kipfmiller transferred to Women's Valley Correctional Facility in Ypsilanti
Published: Wednesday, February 02, 2011, 10:23 AM Updated: Wednesday, February 02, 2011, 11:33 AM
By LaNia Coleman | The Bay City Times



YPSILANTI -- A 20-year-old Williams Township woman ordered to serve prison time for the death of her newborn son has been transferred from the Bay County Jail to the Huron Valley Women's Correctional Facility in Ypsilanti, state Department of Corrections records show.

Nicole L. Kipfmiller was sentenced Jan. 24 to concurrent terms of eight to 15 years for involuntary manslaughter and 80 months to 10 years for removal of a dead body.

Kipfmiller pleaded no contest to both charges, meaning she accepted responsibility without admitting guilt.
Huron Valley is the only state facility to house female prisoners. Marcie L. Rousseau also is held there. Rousseau, a 34-year-old former Freeland teacher, is serving multiple concurrent sentences of one to two years and four to 15 years for 24 total counts of third- and fourth-degree criminal sexual conduct with a 16-year-old male student in Saginaw and Midland counties.

The 929-bed prison that opened in 1994 has 13 housing units for Levels I, II and IV prisoners, according to the state Department of Corrections website. The higher the security level, the greater the prisoner's assessed risk for being unmanageable or attempting escape.

Kipfmiller's security level is not posted.

The Huron Valley facility is equipped with 12-foot double fences, razor ribbon and a perimeter detection system, the state website indicates. Armed guards patrol the perimeter.

Educational, rehabilitative and re-entry programs are available, as are religious programs, psychological services and a law library.

A spokesman for the Department of Corrections could not be reached for comment today because of the ongoing snow emergency, said a prison administrator.

Kipfmiller, who received credit for 357 days already served, was transferred to the facility Monday. Her earliest release date is Jan. 31, 2018, state correctional records show. She could, however, remain behind bars until Jan. 31, 2025.

Authorities said Kipfmiller delivered the child Dec. 10, 2009, at the home where she lived with her mother on Flajole just west of Auburn. Bay County Sheriff's deputies found the infant's remains in a plastic box sealed inside a box that was discarded in a commercial trash container behind Mieske's Country Market, less than one mile from Kipfmiller's home.

Doctors at Mid Michigan Medical Center - Midland called police after Kipfmiller arrived at the emergency room there. Doctors treated her for hemorrhaging. Medical staff called 911 after discovering evidence that Kipfmiller had given birth. Doctors told investigators Kipfmiller gave unsatisfactory answers when they questioned her about the whereabouts of the child, Bay City Times archives show.

Bay County Assistant Prosecutor Nancy E. Borushko has said the investigation into the baby's death and disposal remains open and active. She would not reveal details of the probe.

http://www.mlive.com/news/bay-city/index.ssf/2011/02/kipfmiller_transferred_to_wome.html