GUILTY SD - Sioux Falls, WhtMale, UP17189, Newborn, born alive, Feb'81 *ARREST in 2019* - Baby Andrew

[Legally Bland]

@Legally Bland - June is almost done - just wondering if there "might" something updated in the court site?
TIA!

Sorry @Niner I can't find anything.

 

[Niner]

Sorry @Niner I can't find anything.

Well - Thanks for checking!

 

[Niner]

@Legally Bland - just wondering if there might be an update? Last one was nothing would be done thru June, so now it's July....

TIA!

 

[Legally Bland]

@Legally Bland - just wondering if there might be an update? Last one was nothing would be done thru June, so now it's July....

TIA!

Still can't find anything, sorry.

 

[Niner]

Still can't find anything, sorry.

No need to be sorry - not your fault - the dang court site doesn't update....

 

[TheMissing&TheMurdered]

I just got word that the trial has been rescheduled for November 30, 2020.

 

[Niner]

I just got word that the trial has been rescheduled for November 30, 2020.

Thank you! Do you know if there will be any hearing dates before than? TIA!

 

[Niner]

Theresa Bentaas: Trial could be delayed for 1981 Baby Andrew case

Nov. 5, 2020

COVID-19 case trends have led attorneys for a woman charged with murder in a nearly 40-year-old Sioux Falls homicide case to ask for the late November trial to be delayed.

Attorneys for Theresa Rose Bentaas cited the continuous increase in COVID-19 cases and hospitalizations in the region colliding with cold and flu season at the time of the trial as the main reason for requesting a continuance.

The trial was scheduled to start Nov. 30 and could potentially be up to three weeks.



@Legally Bland - anything "new" in the court site since trial might be cancelled?
TIA!

 

[Niner]

@Legally Bland - me again! when you have time -

Anything on the court site about the trial that is supposed to start on Monday, 11/30?

TIA!

 

[Legally Bland]

@Legally Bland - me again! when you have time -

Anything on the court site about the trial that is supposed to start on Monday, 11/30?

TIA!

Happy thanksgiving!

I don't think I can access the court site anymore and I can't find anything sorry.

 

[Niner]

Happy thanksgiving!

I don't think I can access the court site anymore and I can't find anything sorry.

Oh no!! hmm... guess I shall go thru the posts & see if I recognize anyone here that will help & can access the court site...

Thanks for your previous help!

 

[Niner]

Okay - went back & noticed that you have to pay to search..... I hate those type of court sites - it should be free!!

So - if any locals or U.S. people see anything - please post! TIA!

 

[Niner]

up - any "new" news on this case? I'm just coming up with March & April, 2020 articles - not even the one I posted above.
Thought maybe someone in the U.S. might have a better search.

TIA!

 

[Finlay]

up - any "new" news on this case? I'm just coming up with March & April, 2020 articles - not even the one I posted above.
Thought maybe someone in the U.S. might have a better search.

TIA!

I didn't find anything specific to this case but it does sound like jury trials have been suspended in Sioux Falls until at least Jan 25th, 2021.

Suspension of Jury Proceedings - Fourth Amended Standing Order 20-03 | District of South Dakota | United States District Court

 

[Niner]

I didn't find anything specific to this case but it does sound like jury trials have been suspended in Sioux Falls until at least Jan 25th, 2021.

Suspension of Jury Proceedings - Fourth Amended Standing Order 20-03 | District of South Dakota | United States District Court

Thank you! That gives a bit of idea "where" to put this!

 

[Legally Bland]

I didn't find anything specific to this case but it does sound like jury trials have been suspended in Sioux Falls until at least Jan 25th, 2021.

Suspension of Jury Proceedings - Fourth Amended Standing Order 20-03 | District of South Dakota | United States District Court

Good find. I'm not from the US so I don't always understand the different jurisdictions, does this order only apply to federal court or state court too? I've got it in my mind this is a state case, but not positive.

 

[Niner]

Going to post this, so I can shorten it up a bit.

Monday, November 30th:
*Trial set to begin-CONTINUED! (@ am CT) – SD – Baby Andrew John Doe (Litz) (newborn, found Feb. 28, 1981, Sioux Falls, lying in a icy ditch) - *Theresa Rose Bentaas (19 @ time of crime/57/now 58) arrested (3/8/19), charged (3/11/19) & arraigned (3/11/19) with 1st degree murder, 2nd degree murder & 1st degree manslaughter. Plead not guilty. $250K Cash only bond changed (4/30/19) to $250K cash or Surety bond. Out on bond w/GPS ankle monitor.
Parabon NanoLabs GEDMatch
Trial was set to begin on 11/30/20 as all jury trial suspended due to COVID until after 1/25/21.
Court info from 5/20/19 thru 2/14/20 reference post #66 here:
Found Deceased - SD - Sioux Falls, WhtMale, UP17189, Newborn, born alive, Feb'81 *ARREST in 2019* - Baby Andrew
3/13/20 Update: Judge Susan Sabers listened to testimony from a state forensic lab specialist and arguments from attorneys, and said she'd issue a decision by Tuesday, 3/17.
3/17/20 Update: DNA that linked Bentaas to that of a baby found in a ditch in 1981 can be used in her trial, scheduled for April, Second Circuit Court Judge Susan Sabers said in a brief filed in court Monday, 3/17. Sabers denied Bentaas' attorney's request to suppress DNA evidence obtained from a trash pull last year, but acknowledged that privacy concerns existed. Bentaas' potentially three-week trial is scheduled to start April 20. A judge ruled that DNA evidence found in a trash pull could be used at the trial.
4/16/20 Update: Due to coronavirus Second Circuit Presiding Judge Robin Houwman & staff are tackling scheduling for trial later this month (4/20/20), could take between four & six weeks once it's rescheduled. None will be heard in April, May or possibly even June.
7/21/20 Update: Trial has been set for 11/30/20. 11/6/20 Update: Defense asked for delay in trial cited the continuous increase in COVID-19 cases & hospitalizations in the region as the main reason for requesting a continuance. 11/28/20: All jury trial have been suspended in Sioux Falls because of COVID until after 1/25/21.

 

[JerseyGirl]

Any updates? I couldn’t find anything in MSM. Were jury trials suspended again after 1/25?

 

[Niner]

Any updates? I couldn’t find anything in MSM. Were jury trials suspended again after 1/25?

I would say "yes" that the trials have been suspended again after 1/25. I don't think ANY trials are going to start up until probably Summer with this virus....

 

[Niner]

Ah - got an alert for an article for this case!

Theresa Bentaas trial for ‘Baby Andrew’ postponed for 3rd time

April 9, 2021

The trial for a South Dakota woman charged with the murder of her newborn 40 years ago has been postponed again, according to the Minnehaha County clerk of courts.

Theresa Bentaas was scheduled for trial Monday in Minnehaha County court in Sioux Falls. Randy Sample with the Minnehaha County State’s Attorney's office said that both sides were in agreement for a reset and that a new date has not yet been scheduled.
[.....]
This is the third delay in the trial since she was formally charged in March 2019. Bentaas' attorneys also filed a motion to delay the trial in November, citing the continuous rise is COVID-19 cases and hospitalizations.

The first delay was in September 2019, when parties said they were having trouble finding times when all the witnesses were available.

There is a brief summary of the case in the article.

Anyone find any other articles - maybe locally - maybe they have a next court date in it.