Litter

Litter

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WILKES-BARRE — A woman with a diminished mental capacity who admitted she caused the death of her newborn baby girl was sentenced on an involuntary manslaughter charge Friday.

Andrea Sue Litter, 39, of Parkview Circle, Wilkes-Barre, was sentenced by Luzerne County Judge Tina Polachek Gartley to nine to 18 months at the county correctional facility. Litter pleaded guilty to the manslaughter charge in December.

State police alleged Litter gave birth to a girl while on a toilet of a home on Route 239 near Shickshinny on Nov. 2, 2018, then wrapped the newborn in plastic bags she placed next to a burn pile.

The gestational age of the newborn was approximately 28 weeks.

An autopsy by forensic pathologist Dr. Gary Ross determined the baby died from combined effects of prematurity, asphyxia, hypothermia and hemorrhage. The manner of death was ruled a homicide.

During the sentencing hearing, Luzerne County Assistant District Attorney Nancy Violi said the low survivable rate of the newborn due to the premature birth and Litter’s intellectual ability were taken into account before charging her with the manslaughter charge.

Gartley said a report by Dr. Richard Fischbein, a forensic psychiatrist who evaluated Litter, stated Litter has an IQ level of a pre-teen.

“She has psychiatric issues and she got overwhelmed without the necessary help. I have seen Andrea tearful over this,” said Litter’s attorney, Jonathan Blum.

Following the baby’s death, Litter has participated in treatment and community development programs.

Court records say Litter told investigators she had no idea she was pregnant until she heard something fall into a toilet at the Union Township home. When she looked in the toilet, she saw the baby she removed and wrapped in plastic bags and placed it outside next to a burn pile, court records say.

Litter claimed the baby was crying and breathing.

Court records say Litter did not tell anyone until she was taken to Wilkes-Barre General Hospital for what was believed to be a diabetic emergency on Nov. 3, 2018.

While at the hospital, she told emergency room staff she gave birth the following day resulting in the hospital contacting authorities.

Litter was immediately jailed to begin serving her sentence.

Gartley also ordered Litter to pay $19,003 in restitution to cover investigative costs, autopsy and funeral expense.