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KEARNS — A judge on Monday ruled that a woman accused of giving birth in her basement and putting her newborn daughter in a trash can two days later is not competent to stand trial.
Alicia Marie Englert, 23, made a brief appearance in 3rd District Court, just long enough for Judge Elizabeth Hruby-Mills to announce that she had reviewed two competency evaluations completed by experts and determined that Englert is currently not competent to proceed in her criminal case.
The ruling means that Englert, at this time, is not able to assist in her legal defense.
Attorney Jessica Peterson, who represents Englert's parents, Robert and Tammy Englert, said Monday that the ruling vindicates what they have been saying since the beginning. The Englerts have contended that their daughter has "special needs" and "doesn't process things correctly," and even at the time of her alleged actions didn't understand the scope of what she was doing.
"Her parents are very relieved that the medical professionals found exactly what they've been asserting all along, and that is that Alicia simply functions at a lower level than you and I would. She doesn't understand the gravity of what took place," Peterson said. "Mr. Englert just knew that his daughter did not function at the same levels that you and I would."
But Salt Lake County District Attorney Sim Gill noted that the medical experts also determined that they believe restoring Englert's competency is possible. The judge ordered her to the custody of the Department of Human Services, typically meaning the Utah State Hospital, for treatment.
Gill said his office will review the psychological evaluations and look at what options are available before deciding what to do next in the case.
Her parents are very relieved that the medical professionals found exactly what they've been asserting all along, and that is that Alicia simply functions at a lower level than you and I would. She doesn't understand the gravity of what took place. Mr. Englert just knew that his daughter did not function at the same levels that you and I would.
–Jessica Peterson, attorney for Englert's parents
Alicia Englert is accused giving birth by herself in the basement of her parents' Kearns home on Aug. 26 and then essentially ignoring the newborn. Her parents have said they did not know she had given birth or was even pregnant. Prosecutors say two days later, Englert put the baby in a neighbor's trash can on her way to work.
The baby was found alive by a neighbor who called 911. The newborn girl has since been taken into custody by the Division of Child Protective Services to be placed for adoption.
Englert is charged with attempted murder, a first-degree felony. Prosecutors contend she knew what she did was wrong.
"She admitted she knew that not providing any care for the baby and discarding the baby in a garbage can was wrong, but said she didn’t want her parents to 'freak out' or to know that she’d been pregnant and delivered a baby," charging documents state.
Peterson, however, said she believed that the experts who conducted the psychological evaluation determined Englert's IQ is 51. "She functions at a low capacity and does not fully comprehend a lot of her actions," she said.
A hearing to review Englert's progress is scheduled for June 8.
Englert kept her head tucked low as she was led in and out of the courtroom, flanked by her parents and attorneys. Her parents, Peterson said, are hoping the case will ultimately be dismissed.
Contributing: Sandra Yi
