GUILTY TX - Amber Craker & Damian Cate (found not guilty) murder of newborn, Abilene, 18 Jan 2016

Jury selected for trial of Abilene woman accused of murdering newborn

http://www.ktxs.com/news/jury-selected-for-abilene-newborn-murder-trial/626716235

A jury of six men and six women will determine if 20-year-old Amber Craker is guilty of murder and tampering with evidence after the death of her newborn daughter.

The 12, along with one female alternate, were selected Tuesday at the Taylor County Courthouse for Craker's trial, Taylor County District Attorney James Hicks said.

The trial is scheduled to start Monday.
 
Craker murder trial Day 1: Accused mother in tears as photos of dead newborn shown

Wallace McDaniel is a near 30-year member of the Abilene Police Department and has scoured through many crime scenes to collect evidence, including the high-profile murder case of Philip and Violet Walter. He got the notification at about 10:30 a.m. on Jan.18 to head to Craker's house at 441 S. 25th St.

<snipped>

Prosecutors continued to scroll through pictures and the motif was blood spatter. Blood spots were visible in the bathroom on the bathtub, floor, and trash can, all within feet of each other. The trail continued from the bedroom along a door, and led to the bed. McDaniel would testify that this was Craker's bedroom.

Blood spatters permeated the floor of the bed next to it, and while the mattress appeared to be clean on top, police flipped the mattress and found blood stains respective to where the stains on the floor were.

But at the foot of the bed were two objects surrounded by blood that would soon be shown to jurors: a pair of scissors and an unfolded knife.

He told jurors he retrieved the bathroom trash can and took it to the staging area where a tarp was set up near the house.

Items were removed in layers, and McDaniel said they found Ashley's body about a third of the way inside.

The 12 men and women and one alternate who were selected to serve in this case knew what the trial would entail before opening statement started.

But the image of a dead baby, stabbed multiple times and laying among bathroom trash was enough to draw delayed reactions throughout the courtroom. Nobody audibly gasped when the first pictures were shown on a monitor in the courtroom as McDaniel described the crime scene. But within moments, several jurors sunk their heads in their hands, and sniffles that weren't present in the courtroom beforehand suddenly became contagious among those in attendance.
 
Craker murder trial Day 2: 'I killed my own ... child'

At about 9 p.m. on Jan. 18, APD detectives returned to Amber Craker's hospital room for a third interview to discuss details after Ashley's body was found in the bathroom trash can.

A detective told Craker "You will never have a conversation as important as the one we're having right now."

"The baby was never gonna fit down the toilet," a detective said before asking Craker what she did with Ashley's body.

"My baby is seriously hurt and I didn't mean to hurt it or kill it," Craker said in the interview. "I did not mean to hurt my child."

But the first half of the interview was made moot when detectives said they didn't believe her story and she broke down into a confession. In the recording, Craker says she cut the baby in the bathroom, and apparently made a motion and told detectives, "It was like that."

"I'm so sorry, I'm such a bad mother, I don't care if I live or die tonight," Craker said while weeping. She then told detectives that if she was at home, she probably would've slit her throat. She brought up suicide multiple times throughout the interview and said she had a history of depression.

Later, one of the detectives asked Craker to admit how long she knew she was pregnant. Through questioning, she acknowledged that she knew she was pregnant for nine months and didn't have a plan to raise the child. She later said her plan was to place Ashley with another family.

The detective then dictated a motive at Craker, asking if her first thought was to slice the baby's throat to "shut her up" and make the issue "go away." She said, "Yes, sir." The detective asked if she would say this is murder, and she said yes.
 
Amber Craker found guilty of capital murder, sentenced

http://www.reporternews.com/story/news/crime/2017/10/05/capital-murder-trial-closing-arguments-focus-evidence-emotion/737005001/

A Taylor County jury Thursday afternoon found Amber Craker guilty of capital murder and tampering with evidence.

Craker was sentenced to 19 years on the tampering with evidence charge. She will serve that concurrently with a life sentence for capital murder.

Taylor County District Attorney James Hicks said after the trial that justice for Ashley Neveah Cate was served.

Craker, 20, was charged with capital murder, injury to a child and tampering with evidence. Her fiancé, Damian Cate, also is charged with murdering their daughter. His trial has been reset for Jan. 16.

http://www.ktxs.com/news/craker-murder-trial-day-4-jury-deliberating-after-passionate-closings/632162764

(In closing arguments) Hicks countered the idea that Ashley may have been stillborn by saying the medical examiner's office only returned an "undetermined" cause of death. But he said all the evidence points to Ashley being alive at birth. He said stillborn babies have macerated skin, which Ashley didn't. He also said premature babies are born with transluscent skin, and pointed out that Ashley's skin was pink.

Hicks said all of Ashley's vital organs were in good condition.

Hicks said Craker knew right from wrong, referring to testimony from her special education teacher. He said she only changed her attitude and started "hollering" during the interview when she was "caught in a lie."

"Baby Ashley's last few minutes at birth are what got her killed," Hicks told the jury, wrapping up his closing argument. He said if Ashley wasn't showing signs of life at birth, there wasn't a reason for Craker to stab her multiple times and "ruin her throat."
 
Newborn 'Baby Ashley' killed in south Abilene home 2 years ago

http://www.bigcountryhomepage.com/news/main-news/newborn-baby-ashley-killed-in-south-abilene-home-2-years-ago/924141593

An Abilene newborn was killed just moments after birth 2 years ago Thursday.

Baby Ashley was found inside a trashcan at a home on the 900 block of S. 25th Street on January 18, 2016.

Mother Amber Craker was sentenced to life in prison without the chance of parole during her Capital Murder trial in October.

Craker's alleged co-conspirator, Damian Cate, has a trial date set for March 26, 2018.
 
http://www.bigcountryhomepage.com/news/main-news/jury-selection-underway-for-trial-of-abilene-man-accused-of-killing-newborn/1131196548

Jury selection is scheduled to begin Friday morning for the trial of an Abilene accused of killing a newborn just moments after birth in January of 2016.

Damian Cate, 24, is set to stand trial for Capital Murder and Tampering with Evidence Monday - 6 months after the newborn's mother, Amber Craker, 20, was convicted and sentenced to serve life in prison without chance of parole for the same crimes.
 
Awwww, Baby Ashley... so sad you never had a chance.

So sad for all the lives touched (and some ruined) by this...
 
Abilene man found not guilty of capital murder in newborn's death

A 42nd District Court jury Monday found Damian Cate not guilty of capital murder in the death of his newborn daughter, Ashley Nevaeh Cate.

Cate, 24, also was found not guilty of tampering with evidence by means of disposing of the newborn in a bathroom garbage can.

The child's mother, Amber Craker, was previously found guilty of capital murder and tampering with evidence in her own trial in October and is serving a life sentence.
 
Juror in Abilene capital murder trial shares experience

Having spent time listening to disturbing details of the newborn baby who was killed the same day she was born, Dennis said there was reasonable doubt after evidence was presented, so they were unable to find Cate guilty.

"We had our suspicions and we had our thoughts, but with the evidence presented that we had, there was no way we could say yeah he was guilty," Dennis said.

Dennis said it all boiled down to how the charge was worded. She said it was so specific that it left room for doubt.
 
Sept 2019:

A Taylor County jury's conviction of Amber Craker for killing her newborn and discarding its body in a trash can was upheld in an opinion filed Thursday by the 11th District Court of Appeals in Eastland...

A few weeks after Craker's sentencing, an appeal was filed on her behalf. According to court documents, the appeal questioned that there was sufficient evidence presented during trial to show the infant was born alive and remained alive up to the point Craker stabbed the newborn.

In an opinion written by Senior Chief Justice Jim Wright, the appeals court ruled that the jury could consider Craker's conduct at the time of the birth as evidence of life. Testimony during the original trial indicated that Craker, after initially denying giving birth, told police that she killed the child and that the newborn tried to take a breath.

Craker also told police that she accidentally injured the newborn while trying to cut the umbilical order, according to court documents.

Capital murder conviction of Amber Craker for killing newborn upheld by appeals court
 

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