Judge Rules Against Infant Murder Trial; Prosecutors Appeal
Janette Mickelboro, 23, was arrested September 15, 2010, for the death of her infant son on August 20. She has remained jailed on $250,000 bond since her arrest on a first degree murder complaint. However, a Tulsa County judge ruled recently that there was not enough evidence to order a first degree murder trial for the young mother, a decision which prosecutors have appealed. A hearing in the appeal has been set for January 15, 2011.
The arrest came after Hunter Warner, just shy of four months old, was found dead in a bassinet by his father. Later, his mother, Janette Mickelboro admitted to authorities that she had tied a receiving blanket around the baby's head in order to hold his pacifier in place before putting him in a bouncy seat and leaving the room. She says that when she returned to check on her son "several hours later," she found him "stiff and cold." Rather than contacting authorities or seeking emergency medical care for her son, she admits, Mickelboro placed her son's body in a bassinet and left for work, leaving the dead infant for her partner, the boy's father, to find.
In order for someone to be found guilty of first degree murder, prosecutors must prove that the person killed someone else "with malice aforethought." This means that the killing was intentional and premeditated, or that it was committed recklessly with extreme disregard for human life.
Tulsa County Special Judge Allen Klein ruled that, in the Mickelboro case, prosecutors presented insufficent evidence for a first degree murder trial. The autopsy report in Hunter Warner's death listed the cause of death as unknown, and a report of the findings states that “no specific findings were noted at autopsy that are specific or conclusive for suffocation.” However, at Mickelboro's preliminary hearing, the medical examiner in the case testified that an airway obstruction causing suffocation was more likely than not the cause of the infant's death.
Furthermore, several witnesses claim that they had seen previously seen Mickelboro wrap a blanket around her baby's head to hold a pacifier in place, and that they had warned her that it was a dangerous practice, cautioning her against further such action. Prosecutor's contend that Mickelboro's knowledge of the dangers associated with wrapping an infant's head in a blanket makes her actions negligent, reckless, and abusive to the point of becoming first degree murder.
Mickelboro's Oklahoma criminal defense attorney calls the baby's death "an unfortunate and tragic accident," and asserts that his client is not guilty of either first degree murder or Oklahoma domestic abuse. Rather, Mickelboro was a young, uninformed mother who did not understand the consequences her actions could have.
If the judge's ruling is upheld at the January appeal hearing, first degree murder charges against Mickelboro will likely be dismissed.
October 30th, 2011 - 23:18
That is not right. she was married to my brother from 2005-2007. she had my niece Rosa at the age of 16 she got pregant with her at the age of 15. she abandonded my niece at the age of 3 years old. she physically abused and neglected her. I am Janette’s ex sister in law. call the Manchester NH Police Department for more info. Rosa is now Dead bc of her mother. Rosa was hit and killed by a car while riding her bike. Rosa was born February 26th 2003 and was killed April 14, 2011. On Rosa’s Birth certificate it says mothers name is Janette Mickelboro and on Rosa’s death certificate it says mothers name is unknown. I have allt he proof. my whole family does. Janette came back into Rosa’s life when Rosa was 6 years old. She only came back for 1 month with her Daughter Tessie at the time. at the time Tessie was just about to Turn 1 year old. the night before Janette Left Rosa, she promised her that “mommy is here to stay baby girl. Im never leaving you again. I love you and i am so sorry for everything.” I have many pictures of Rosa and Tessie as well as Rosa and her mother together. Janette came back to NH October 2009 and Left November 2009 in the middle of a snowstorm with Tessie. and never returned. Rosa had so much guilt and Anger built up inside of her from her mother leaving her so many times. I Blame Janette for Rosa’s death. Rosa cried and prayed every night for her mom to come back. Janette not only abused and neglected her first born child, Rosa, but also broke many promises to her. Janette was very young when she had her and always caused alot of problems in the family. she used to do the same thing to Rosa that she did to baby Hunter. and she got away with it. DCYF was called on Janette in 2003-4 for many issues with Rosa. Please dont hesitate to ask or emil me if you want more info. Janette grew up in Manchester, NH and Her parents are Ola and Michael Mayberry if you want any info again you can also call the Manchester, NH Police Department. Rosa did a deposition for the PD when she was about 4 years old and they should have that still on file. Janette cannot get away with this. if it wasnt for her leaving Rosa and all the abuse that she put her through. Rosa would still be here. My brother has a very hard time living life everyday bc of loosing his daughter. Janette owes my brother over $5,000 in child support. they had gone to Hooksett District Courthouse in Hooksett, NH. and she was ordered by the court to pay my brother child support and she never did. she could never hold a job. she never had any passion for a job. she would get hired somewhere and either get fired or quit within the first week. A girl i used to work with was going to adopt baby hunter warner. Janette said that she didnt want the child. she said she didnt want to raise a child that she knew she was going to hate bc of how he was conceived. (that may have been a lie that she had told us) arrangements were made. Janette had her first ultrasound and my coworker still has that ultrasound picture.