ORLANDO, Fla. — The State Attorney's Office said a judge's ruling over a mother's medical records won't impact its case.
A judge ruled that medical records obtained by the state violated Susan Richardson's rights because she did not sign a release for those records.
According to testimony, Richardson did not seek medical attention leading up to the birth, but her boyfriend made her visit a doctor during the seventh month of pregnancy. She was due sometime around March 15.
The judge said the records should have been obtained from Orange County Health and Family Planning, where Richardson went for the checkup.
Prosecutors were disappointed by the judge’s ruling, but said despite the setback, they are still planning to go forward and prosecute the case.
“That’s his job to make the ruling,” said Assistant State Atorney Pamela Davis. “This is all preliminary, so the case is still in the investigatory stage, so we are still moving forward.”
Prosecutors filed formal charges against Richardson for child neglect and desertion.
Judge Marc Lubet told prosecutors that that authorities should have obtained a warrant to get Richardson’s medical records.
Instead, he told them that they violated her rights by asking medical personnel at Florida Hospital questions after Richardson gave birth.
“I don’t think what you did is wrong, but I think you did exactly what you needed to do. The problem is, I think the law says it’s wrong,” said Lubet.
WFTV legal analyst Bill Sheaffer said he agrees the judge’s ruling doesn’t hurt the case, but prosecutors still have another big problem to make the case stick.
“There is no body,” Sheaffer said.
Richardson waived her right to be at the hearing.
Police have nicknamed the child Baby Willow, because the child was likely born in the Willow Bend Apartments.
Richardson said she dropped the child off at a random apartment and knocked at the door, but then left. Police said she didn’t wait for anyone to answer the door.
Evidence of childbirth in the parking lot of the Willow Bend Apartments prompted a massive search for the baby girl in February.
Police have searched dumpsters, sewers and a drained pond, but the infant was never found.
Richardson hasn’t been cooperating with efforts to find the baby, authorities said.
Her next hearing is in June.
Cox Media Group
