Judge shortens sentence of woman convicted in son's death

A Beach Park woman convicted in the 2004 drowning death of her newborn son was released from jail Friday after serving a little more than half her sentence.

Circuit Judge Fred Foreman ordered Dana Jones, 24, should serve the remaining 11 months of her periodic jail term in the electronic home monitoring program.

Jones, who has been in jail when not working or attending counseling, was convicted in May 2006 of involuntary manslaughter.

She gave birth to the boy March 4, 2004, just two weeks shy of a full term, in the restroom of the Waukegan bank where she worked and he drowned in a toilet.

Prosecutors charged Jones, of 10269 W. Paddock Ave., with first-degree murder, but Foreman convicted her of the lesser crime after a three-day trial.

Jones and her lawyer contended she was not aware she was pregnant because she had not gained any weight, and she believed her son had been stillborn.

But an autopsy determined the baby had been born alive, and Jones ultimately admitted she had heard a sound from the child.

Waukegan attorney Thomas Briscoe asked Foreman to release Jones from the balance of the two-year jail term she was sentenced to last August because of the progress she has made on probation.

Briscoe said Jones has completed her counseling and public service hours, and has been steadily employed.

Deputy State's Attorney Jeff Pavletic argued against any modification of the sentence, saying Jones deserved to do the full two years.

"Let's not forget the facts of this case," Pavletic said. "A newborn baby was drowned in the cold water of a toilet."

Briscoe argued the prosecution of his client amounted to overreaching by the state.

"We have not changed our position from the start of this proceeding," he said. "We contend the charges never should have been brought, and once they were the verdict should have been not guilty."

Foreman said he would not release Jones unconditionally, as Briscoe had asked, but said he would allow her to serve the remaining time at home because of her performance on probation.