Attorneys for woman accused of leaving baby in woods seek to exclude term 'discarded infant' during trial
Dec. 27—Lawyers for the homeless woman accused of abandoning her newborn in a cold tent in Manchester the day after Christmas in 2022 are trying to prevent prosecutors from using the term "discarded infant" when her trial begins early next year.
Alexandra Eckersley, 27, is accused of giving birth to a son in a tent near the West Side Ice Arena on Christmas night and abandoning it, then misleading rescue workers about the tent's location in temperatures below 20 degrees.
Eckersley led officers on a frantic search for her son for "nearly an hour," before leading them to the newborn.
The child, born three months early, was brought to Dartmouth Hitchcock Medical Center in Lebanon. Defense counsel said back in May the child had recovered and was doing well.
Eckersley is the adopted daughter of former Red Sox pitching great Dennis Eckersley and his second wife, Nancy.
According to a court filing, Alexandra Eckersley told police that George Theberge — a man prosecutors say was with Eckersley when she gave birth — told her the baby had no pulse.
Eckersley's lawyers say she did not disclose where the tent was because she feared Theberge, who told her not to tell police the location of the tent.
In court documents filed Tuesday, attorneys Kimberly Kossick and Jordan Strand are asking that the state be prohibited from calling the newborn child a "discarded infant" — or anything to that effect — during the trial, saying there is no evidence to support the statement.
Prosecutors say Eckersley called 911 on Dec. 25, 2022, using her boyfriend's phone after giving birth in the tent they were living in. The call lasted 12 minutes, according to court documents.
"The state has no evidence that the child was discarded and should be prohibited from arguing inaccurate information to the jury," Kossick and Strand argue. "Statements and arguments that are intended to elicit the emotions or prejudices of jurors that are not fairly inferable from the evidence at trial is not permissible. The jury is instructed to reach a verdict based on facts not sympathy. The state's argument that the child was discarded is not supported by evidence and seeks to invoke the sympathy of the jury."
"There is no evidence that Allie discarded her son. It misleads the jury into believing the child was moved by Allie when the evidence will show that she (Allie) gave birth to her son in the makeshift tent, was told by George Theberge the child was not alive and was directed by the 911-dispatcher to leave the fetus where it was."
Theberge, 45, pleaded guilty in Hillsborough County Superior Court in August to charges of endangering the welfare of a child, reckless conduct and witness tampering. He also was sentenced on drug charges and a probation violation.
Police have portrayed Eckersley as concerned only for her own well-being.
But Kossick has portrayed her client as frightened, bleeding and confused. Eckersley believed she had miscarried, and an E911 operator encouraged Eckersley to care for herself.
The prosecution's filing notes the baby cried, and Eckersley admitted to misleading the rescue team.
Rescuers warmed the baby, performed CPR and ran him back to the ambulance, continuing with CPR, the filing read.
Eckersley faces two felony assault charges, one felony falsifying evidence charge, and misdemeanor charges of child endangerment and reckless conduct.
Her trial is scheduled to begin Jan. 22.
