Will Austrian Incest Children Testify?

July 18, 2008 — -- Three-day-old Michael — who police call a child of incest and abuse — had an undignified funeral: His little body was tossed into a furnace in the dark cellar where he and his three siblings had been imprisoned along with their mother for their entire lives.

Police say the infant was one of seven children Austrian Josef Fritzl told them he fathered through incest with his own daughter. Michael's death is now the centerpiece of the trial of the man who imprisoned his daughter for 24 years and repeatedly raped and tortured her. Among the issues still to be decided, is if any of the surviving children will take the stand.

Three of Michael's surviving siblings were confined to the dungeon-like bunker while three others lived as a second family upstairs with Fritzl and his wife.

Prosecutors are investigating to determine whether Fritzl murdered the baby in the basement of his home in the quiet village of Amstetten, Austria. If convicted, Fritzl himself could be locked away for life.

Gerhard Sedlacek, spokesman for the prosecution, told ABCNews.com that his team has hired a "child death specialist" who is preparing an expert opinion. He said conditions in the windowless basement may have contributed to the death of the baby.

The expert witness — a neonatologist — was present during the testimony of Fritzl's 42-year-old daughter Elisabeth, Michael's mother, who so far is the only family member to accuse her father of torture.

The medical expert's opinion will help prosecutors decide whether Fritzl will be charged with manslaughter. If he is found guilty in the infant's death, he could face a life sentence. Without that charge, he is likely to serve only 10 to 15 years.

"If it emerges that Fritzl was aware that the child was severely ill and he did nothing to get medical help, that would be a case of murder under negligence and he would be charged accordingly," said Sedlacek.

Fritzl, 73 and a retired engineer, has admitted that he burned the tiny body, but has apparently denied any responsibility for the baby's death. Authorities say DNA tests confirm he is the father of all Elisabeth's seven children.

European press reports say he has already made a partial confession and is also being charged with rape, abuse, deprivation of freedom and incest.