Wis. teen gets probation in baby-abandonment case
APPLETON, Wis. — An Appleton teen who abandoned her newborn daughter last year was sentenced to three years of probation, even as the judge encouraged the high school honors student to set aside any shame she might still feel and begin focusing on her future.
Nadia Zahirudin, 17, pleaded guilty to misdemeanor charges of disorderly conduct, obstructing police and being party to the crime of child neglect, the Post-Crescent of Appleton reported.
During her sentencing hearing Tuesday, Judge Michael Gage also approved an agreement by which prosecutors will dismiss a felony charge of child abandonment if Zahirudin complies with the terms of her probation.
Prosecutors said Zahirudin was alone and terrified when she gave birth to her daughter May 9. Even though deputy district attorney Melinda Tempelis was sympathetic to the situation, she noted the dire risks the baby faced on that chilly evening after she was left alone outside a church an hour later.
“That could have been horrific,” Tempelis said. “Thankfully it wasn’t.”
A passer-by found the baby wrapped in a blanket near the back door of a church. Several tips led police to Zahirudin, who eventually opened up to officers about how she gave birth at home, the criminal complaint said. She concealed the pregnancy because she was worried how her aunt and uncle, with whom she lived, would have reacted, the complaint said.
When the father, 18-year-old Benjamin LaMarche, arrived 10 minutes after the birth, Zahirudin told him to take the girl to a hospital, prosecutors said. He drove to an Appleton hospital but worried that he’d be prosecuted for statutory rape if he turned the baby over to medical staff, investigators said.
He then drove toward Kimberly, where he allegedly left the baby behind a church. A trash bin nearby was locked, leading to speculation about whether he was trying to dump the baby without regard for its safety, but prosecutors decided to seek lesser charges than they would have if authorities thought they meant for the child to die.
Defense attorney Brandt Swardenski called it “a bad decision of a very scared girl.” He added that it was a decision made with the intention of having the newborn found safe.
“It wasn’t their goal to just get rid of the baby,” Swardenski said.
A plea hearing for LaMarche is scheduled for March 13.
Zahirudin, who didn’t address the court Tuesday, must spend 20 hours per year speaking to health classes, at-risk teens and others about her experience.
The teen was an honor student at Kimberly High School and has since received her high school diploma. She’s enrolled at Fox Valley Technical College. Even Tempelis acknowledged that Zahirudin is “a very good person” aside from the decision of May 9.
The judge urged the teen to set aside any sense of shame as she moves forward, and to take pride in her future achievements. He also noted that she can apply to have the misdemeanor charges expunged from her record when she completes probation.
Tempelis said the baby is under a protective order that allows Zahirudin visitation rights.