GUILTY AL - Body of newborn found in shallow grave, Orange Beach, Feb 2005

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Autopsy results indicate baby was born alive and then drowned, say police
Saturday, February 12, 2005
By RYAN DEZEMBER
Staff Reporter
8Mother



ORANGE BEACH -- Police have charged Marsha Gossett Colby with capital murder in connection with the drowning of her newborn son, whose body was dug up Thursday from a shallow, marshy grave in her back yard.

Colby, 40, was arrested late Thursday after autopsy results revealed that the infant was drowned after being born alive Feb. 3. She was being held without bond in the Baldwin County Corrections Center in Bay Minette, awaiting a preliminary hearing that has yet to be scheduled.

During a Friday morning news conference at the Orange Beach Justice Center, and at Colby's bond hearing in Bay Minette later that afternoon, authorities painted a scene of the previous morning's exhumation by investigators: a fresh grave marked by an upright 4-by-4 post; a trash bag buried a foot deep in soggy soil; and, within the bag, a 6-pound, 3-ounce, blanket-wrapped corpse.


Desperate scene:



Investigators and Colby's family members also told of a desperate domestic scene in which as many as eight people had shared a cramped camper and a dilapidated, hurricane-damaged trailer.

"I saw the plastic bag and I knew what was in the plastic bag, and then when (an investigator) took the blanket away from the child's face is what got to me," Baldwin County District Attorney David Whetstone said. "He was a little doll, just a little doll."

Whetstone said that the warrant charging Colby with capital murder included borrowed wording from a similar case in Magnolia Springs years ago. Since forensic sci entists and investigators have not finished gathering evidence, the charges allege that Colby intentionally drowned her newborn or that "this child was essentially murdered by the deadly weapon of intentional neglect," he said.

The charge will likely be refined as the investigation continues, he said.

"We don't think the baby lived long," Whetstone said. "But the baby lived long enough to take breaths and there is proof of the baby breathing

http://www.al.com/news/mobileregister/index.ssf?/base/news/1108203605260910.xml
 
Investigators stopped short of saying where they believed the baby's death occurred. Brown testified that the grave was wet because it was dug in an area with a very high water table.

"We are undecided as to where the death took place," Whetstone told reporters. "I'll let you interpret those words."


Rest in peace, little one.
I'm praying for justice for you, Lanie
 
How horrible!! This happened in my state, too. :( Poor sweet little angel boy. :behindbar :behindbar :behindbar
 
From February 2010:

http://blog.al.com/live/2010/02/colby_pleads_guilty_to_manslau_1.html

Marsha Gossett Colby pleaded guilty to manslaughter in the death of her newborn son, bringing to an end her capital murder retrial as jury selection got under way Monday in Baldwin County Circuit Court...

Colby was convicted of capital murder in 2007 and sentenced to life without parole. Last fall, however, the Alabama Supreme Court overturned the verdict, citing problems with the jury-selection process. The court also raised concerns about whether the state had enough evidence to prove that the baby was born alive.

Monday's agreement sentences Colby to 15 years, with credit for the time that she has been in jail since being charged.
 

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