Infant Left to Die in Toilet, Law Debated
Jan. 24, 2003 -- It seems that not even Wisconsin's child safe haven law could protect one high school senior and the son he allegedly didn't want.
Today, Gabriel Estrada, 18, will appear in Kenosha County court to face attempted first-degree intentional homicide charges for allegedly leaving his newborn son to die in a portable park toilet hours after the baby's birth on Jan. 13.
Neither Estrada's parents nor his girlfriend's parents knew about the pregnancy. Prosecutors say that after his girlfriend gave birth, Estrada opted not to follow her wish that he drop the infant off at a church or at a police station.
Instead, authorities say, Estrada — who allegedly admitted he did not want the baby — abandoned his son, realizing the tiny boy would likely die in below-freezing temperatures.
Park custodians who heard sounds coming from the toilet saved the boy and notified police, who tracked down Estrada and the mother from an anonymous tip.
Estrada's legal troubles might have been avoided if he and his girlfriend had known fully about Wisconsin's safe haven, or discarded infant, law, which the state enacted in 2001. Under that law, they could have anonymously left their son at a police or fire station or at the hospital within 72 hours of his birth and been immune from prosecution.
Wisconsin is one of 46 states that have adopted child safe haven laws. The laws vary from state to state but their intent is to prevent the deaths of unwanted newborns. However, critics question their effectiveness: babies are still being found in trash bins, landfills and portable toilets. According to the Justice Department, between 300 and 400 dead discarded newborns are found every year.
In addition, opponents say safe haven laws send the wrong message — that it is acceptable for parents to abandon their children, to not plan the best future for even unwanted infants, and to not consider the long-term future of both the child and the abandoning parents.
"We're concerned about the message it sends to parents, that it is OK not to plan for their baby," said Wendy Wright, senior policy director for Concerned Women for America. "By planning I mean adoption, which at least leaves the mother with a sense of security and peace of mind that the baby is being placed in a loving home. When a baby is left at a police station or a hospital, the child becomes part of the black hole known as the child-welfare system."
Noble Intentions, Wrong Method?
Critics say safe haven laws provide only a short-term solution to a long-term problem, and do not adequately inform parents about alternatives to abandonment, such as adoption and turning to their own parents or other relatives for help. The laws do not provide any counseling or measures to ensure that they will not have to repeatedly resort to safe havens.
Others say the laws do not consider the birth mother's needs. In an effort to keep pregnancies secret, women may not seek prenatal care. They rely on the fact that they could drop off their baby at a hospital or police station, endangering both themselves and the child, critics say.
"I think it's a Band-Aid that's been created," said Debbe Magnusen, founder of Project Cuddle, an California-based organization dedicated to helping mothers in crisis and finding homes for unwanted newborns. "There are some instances in which the law will work, but there are other situations in which it will not. … Our goal is to reach the pregnant woman prior to the delivery but before she decides to abandon the baby."
Debating Effectiveness
Advocates acknowledge it is difficult to measure the effectiveness of safe haven laws.
"The more people know about safe haven laws, the better, but there will still be some who will choose the destructive course," said Laure Krupp, executive director of Safe Place for Newborns, a Minnesota-based safe haven group.
It is also difficult to gauge how many babies have been saved nationwide under the law because not all hospitals and police or fire stations keep adequate records. Various safe haven groups may define "saves" differently. Some may count a desperate mother's call to a safe haven hotline as a save while others have stricter definitions.
And many people may not even know about the laws. Some authorities say cases like Estrada's continue to happen because safe haven laws are not publicized enough.
"I've had several previous cases before where the law didn't exist and where people just didn't know about the law. This is the first case I've had where the child has been found alive," said Kenosha County District Attorney Robert Jambois. "It [Wisconsin's safe haven law] has not been publicized nearly enough. She [Estrada's girlfriend] had been pregnant before; you'd think she would have done some research. She did have a vague understanding that there was something out there that would allow them to drop the baby off."
Some safe haven states have not put aside funds for a public awareness campaign and have relied on privately financed campaigns. Wisconsin did not appropriate funds for a campaign and depends on the local chapter of Safe Haven for Newborns to spread awareness of the state's laws. New Jersey spent $500,000 on a publicity campaign.
The Last Resort to Save Lives
Krupp argues that safe haven laws and groups promote responsibility, particularly among young parents, by giving them a forum to discuss things they feel they cannot share with others.
"It always amazes me when I hear that [safe haven laws promote irresponsible sexual behavior]," Krupp said. "When two teenagers are in the back of a car and getting hot and heavy — if they even come up for air — do you think one of them says to the other, 'Wait, what if I get pregnant?' And then one says, 'Oh, don't worry about it. We have the safe haven law.'"
Krupp's group stresses that safe havens should be considered a last option. She said her volunteers try to inform parents-to-be about the other resources available to them and their unwanted children.
"We try to remind people that Safe Place for Newborns should be used as a last-ditch effort to save the baby," Krupp said.
Advocates like Krupp believe the lives that have been saved make child safe haven laws worthwhile, but in Wisconsin, a young father and infant face an uncertain future.
Gabriel Estrada remains jailed on $500,000 cash bond and could face up to 60 years in prison if convicted. He disputes his girlfriend's account of the events that led to their child's abandonment. It is unclear whether she will face charges.
The infant, who was on a ventilator at Children's Hospital in Wisconsin, is now breathing on his own. Hospital officials, prosecutor Jambois said, may release the baby next week, and he will then be placed in foster care.