The Bismarck woman charged with murder in the asphyxiation death of her baby girl has been labeled an "incapacitated person" in another state.

Gennifer Laurene Glum, 26, was charged with Class AA felony murder Wednesday morning. The charge carries a maximum penalty of life in prison without parole.

South Central District Judge Tom Schneider set a $50,000 cash or surety bond for Glum, which was agreed upon by Burleigh County Assistant State's Attorney Cynthia Feland and Glum's attorney, Tim Purdon.

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, Purdon said.

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."

Purdon did not know Wednesday what factors made Glum be declared an incapacitated person.

Feland said prosecutors and investigators learned of the possibility that Glum has "mental issues" early in the investigation but have determined that the charges are appropriate.

"There is no question in my mind she was aware of the consequences of her actions," she said. "I'm not questioning her mental state at all."

According to a police report, Glum gave birth to a girl at her home in north Bismarck 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.

Feland said a final autopsy report has not been completed, though a preliminary report has been done.

"It would be classified as an asphyxiation-related fatality," she said. She declined to discuss the manner of asphyxiation pending the final outcome of the autopsy.

She said all interviews have been conducted in the case, and the available evidence has been examined.

"Once we received all the information, it was our position that charges were appropriate," she said. "We didn't make any quick charging decisions."

Feland said she does not have the results back from a DNA test to establish the identity of the father of the child.

If released on bond, Glum will be required to continue living with her father in Bismarck and she will not be allowed to leave the state. She had not been released by 5 p.m. Wednesday.

Purdon requested that Glum not be required to stay in the counties of Burleigh and Morton, a standard bond condition, because she may have to travel to Fargo or other locations for evaluations in the case. Feland said she was concerned only that Glum be required to stay in North Dakota because the baby's funeral is planned to take place in another state.

"Under the circumstances, the state does not believe this is appropriate at all," she said of Glum's plans to attend the out-of-state funeral.

"This is obviously a terrible tragedy for this family and this community," Purdon said after the hearing, referring to the loss of the baby's life.

"This whole thing is tragic," Feland agreed.

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