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SALT LAKE CITY — It's been more than two years since a Kearns woman allegedly left her newborn baby in a trash can, but the case still seems to be at "square one," a prosecutor said Monday.
Alicia Marie Englert, 24, is charged with attempted murder, a first-degree felony, for allegedly giving birth in her Kearns bedroom in secret in August of 2014 and then putting the newborn in a neighbor's trash can two days later while on her way to work.
During a review hearing Monday, when 3rd District Judge Elizabeth Hruby-Mills asked for an update from attorneys, Salt Lake County deputy district attorney Robert Parrish said they were essentially still at "square one."
"We were hoping to have an agreement on how to proceed but we don't have that," he said.
The problem, Parrish said, is an issue regarding competency restoration. He said nothing has been done to attempt to restore Englert's competency since 2015 and both sides need to meet with the Utah Department of Human Services director to figure out how to proceed. There has to be a new restoration effort and another competency evaluation before the case can continue, he said.
Englert was determined to be incompetent to stand trial in February of 2015. Her defense attorney believes the woman may never be capable of facing the criminal charge because her IQ is below its threshold for treatment at the Utah State Hospital.
Related:
Another evaluation ordered for woman accused of leaving newborn in trash
A woman accused of abandoning her newborn baby in a trash can will face yet another competency evaluation before a decision is made about how to proceed with the case against her.The hospital's forensics department will only accept patients with an IQ of at least 70 for competency restoration. The defense says that since December of 2014, Englert's IQ has been consistently measured at 68, 65 and 64.
Upon learning there wasn't any progress to report, Hruby-Mills called both attorneys to her stand for an extended private conference. After they were done, the judge said she would see everyone back in court for a previously scheduled evidentiary hearing on Jan. 11.
If convicted, Englert faces a potential prison sentence of five years to life in prison.
The baby was rescued from the trash can after a neighbor heard it cry. The baby was taken into custody by the Division of Child Protective Services to be placed for adoption.
