Ex-Muskingum U. student pleads insanity in baby's death

ZANESVILLE – A former Muskingum University student who officials said disposed of her newborn girl in a trash can in April has pleaded not guilty by reason of insanity.

Emile L. Weaver was indicted last week on four felonies, including aggravated murder, which carries a life sentence in prison if convicted. A Muskingum County grand jury also indicted the 20-year-old on charges of abuse of a corpse and two counts of tampering with evidence, all felonies.

Weaver appeared in common pleas court Wednesday morning, where her attorney entered her insanity pleas on her behalf. She is being represented by Columbus attorney Clayton Lopez.

An insanity defense requires Lopez to prove that Weaver, due to a mental disease or defect, was unaware that her actions were wrong at the time of the offense, according to Ohio law.

Lopez did not return a call to the Times Recorder seeking comment.

Her case will be heard by Judge Mark Fleegle, although Judge Kelly Cottrill appeared for her arraignment.

Prosecutors said Weaver is suspected of giving birth to the girl at her sorority house in April before she attempted to dispose of the baby in a trash can outside the residence.

Authorities were called after 9 p.m. April 22 to a university-owned Delta Gamma Theta sorority on 125 Lakeside Drive to a report of a baby's body found in the trash can. Detectives with the sheriff's office reported they quickly identified and spoke with Weaver.

The preliminary autopsy released by the Muskingum County coroner days later determined the female child was born alive and later died of asphyxiation.

Weaver, who was a sophomore at Muskingum University at the time, was arrested July 22 in Clarington, her hometown in Monroe County, less than 100 miles southeast of Muskingum County.

She is being held at the county jail on a $1 million bond.

Officials are not releasing the name of the father as he has not been charged with a crime. Prosecutor Mike Haddox has said that no one else is likely to be indicted on charges related to the case.

It's the second time a baby has died of asphyxiation on the Muskingum University campus. The last was in 2002, when Jennifer Bryant, then 22, a student at what was then called Muskingum College, was arrested and indicted after disposing of a live newborn boy in a dumpster. The baby later died.

Bryant pleaded guilty and was sentenced in 2003 to three years in prison. She was released after seven months.

A 2001 Ohio Safe Haven law protects mothers or fathers from prosecution if they anonymously drop off a newborn within 30 days of birth with certain government or medical agencies. A children services agency then takes care of the child until officials are able to place him or her in a permanent home.

Since the law was enacted, 78 newborns have been voluntarily surrendered in the state, including one in Muskingum County, according to numbers provided by the Ohio Department of Job and Family Services. There were some years when several counties did not file such a report.

elagatta@zanesvilletimesrecorder.com

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Twitter: @EricLagatta