One month for binding plea agreements

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Attorneys have one month to come up with a binding plea agreement to present to a judge in the case of a woman accused of killing her infant daughter.

Gennifer Glum, 26, has been charged with murder in the Dec. 6 asphyxiation death of her infant daughter. She pleaded not guilty to the Class AA felony on Feb. 1.

Glum's attorney, Tim Purdon, filed a notice in April that said Glum intends to use defenses of lack of criminal responsibility and lack of state of mind required for the alleged offense. The notice said Purdon plans to introduce evidence at trial from an examination by mental health professionals to support the defenses.

Purdon provided Burleigh County Assistant State's Attorney Cynthia Feland with an expert report and psychiatric records for Glum dating back to 1989. Feland said an expert for the prosecution is reviewing the information and requested more detailed documents related to some testing. The last of the requested information was turned over this week, she said.

Purdon and Feland requested South Central District Judge Tom Schneider give them one month to come up with a binding plea agreement in the case. If a binding plea agreement is not reached, Purdon will have two weeks to file motions in the case. Schneider said he would have a potential trial date set.

In a binding plea agreement, the defense and the prosecution reach an agreement on sentencing terms, then present the deal to the judge. The judge can accept or reject the agreement. If the judge accepts the agreement, he cannot issue a more harsh punishment than laid out in the plea deal. If the deal is rejected, the defendant can maintain a not-guilty plea and take the case to trial.

If a plea agreement is nonbinding, proposed sentences are recommendations which the judge does not have to follow.

Feland said a trial in the case, if no agreement is reached, would take about eight days if jury questionnaires are sent out to potential jurors prior to the trial.

According to a police report, Glum gave birth to a girl at her home in north Bismarck at around 4 p.m. on Dec. 6. Feland said Glum's father called 911, and the infant was taken to Medcenter One at around 4:30 p.m. and was pronounced dead at the hospital.

Police were notified of the death by the Burleigh County coroner at 8:30 p.m. that day. An autopsy was performed on the infant by the state medical examiner, and preliminary reports classify the death as an asphyxiation-related fatality. Glum was arrested on Dec. 11 and charged with murder on Dec. 12.

At an earlier hearing, Purdon said Glum was found by a judge to be an "incapacitated person" in Nebraska in 2005. Her parents were appointed to be her guardians, and she has lived with her father in Bismarck since that time. Her mother lives in Nebraska.

Under Nebraska law, an incapacitated person is defined as a "person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself."

The reason for Glum's incapacitation has not been explained in court.

Glum is free upon posting a $50,000 cash or surety bond. She has been prohibited from leaving North Dakota, but she has been allowed to travel to Minnesota for evaluations and to South Dakota for a funeral. If convicted of murder, she faces a maximum penalty of life in prison without parole.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)

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