Alford plea entered in infant death

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A Bismarck woman has entered an Alford plea to manslaughter in the death of her infant daughter.

Gennifer Glum, 28, was charged in December 2007 with Class AA felony murder for the Dec. 6, 2007, drowning death of her newborn daughter. She had pleaded not guilty to the charge.

On Friday, Burleigh County Assistant State's Attorney Cynthia Feland said prosecutors would amend the charge to Class Bfelony manslaughter as part of a plea agreement. The manslaughter charge removes a portion of the original allegations, which said the crime was committed "under circumstances manifesting extreme indifference to the value of human life."

Glum entered an Alford plea to South Central District Judge Tom Schneider on Friday morning. An Alford plea means a defendant acknowledges that prosecutors have enough evidence for a jury to find her guilty of the charge without actually admitting to the allegations. Tim Purdon, Glum's attorney, said the plea is similar to a no-contest plea in other jurisdictions. Feland said it functions the same as a guilty plea.

Feland explained that psychiatrists for the defense and prosecution agreed Glum was competent to stand trial on the murder charge. However, they disagreed in their psychological evaluations on whether Glum's mental status contributed to her actions in the child's death. Changing the charge to manslaughter eliminates the requirement that prosecutors prove Glum had the mindset to commit the crime.

Glum's psychological issues may have made it difficult for jurors to come to a consensus about the case, Feland said.

Feland said firefighters and paramedics arrived at Glum's home on Dec. 6, 2007, following a 4 p.m. 911 call from her father, in which he reported his daughter had a miscarriage. Glum reported she had been about 10 weeks pregnant. Believing the fetus to be 10 weeks along, the paramedics first tended to Glum, Feland said. She said one paramedic then turned his attention to the baby, which was actually full-term and remained under a pile of toilet paper in the toilet.

Glum had given birth on the toilet and left the child in the water, Feland said. By the time paramedics arrived, the child had been in the water at least 40 minutes, and paramedics were advised by hospital personnel not to begin rescue efforts.

"It was very traumatic for (the paramedics)," Feland said.

The child was transported to Medcenter One, where she was pronounced dead. The county coroner and an emergency room doctor concluded the child was full-term and without congenital abnormalities. The state medical examiner later concluded the child had been born alive and had drowned.

Purdon said the baby's death was a "crime of omission rather than a crime of commission." Feland agreed, explaining Glum left the child in the toilet after giving birth but had not taken any overt acts to cause the child's death.

"This is not a crime of action; it is a crime of omission," Feland said.

Feland said Glum's parents and the father of the child, who was not identified, had questioned Glum about being pregnant, but she denied it. Her father and stepmother did not see the infant and believed Glum had a miscarriage, Feland said.

A scheduled two-day sentencing hearing will feature the testimony of psychiatrists and doctors, 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 then. Her mother lives in Nebraska.

Sharon Knutson, a nurse consultant working for Purdon's office, prepared an affidavit documenting Glum's mental health problems to accompany Purdon's brief in support of suppressing Glum's statements. The affidavit indicates Glum has been diagnosed with a number of mental health problems, including depression, anxiety disorder, attention deficit hyperactivity disorder, schizoaffective disorder, post-traumatic stress disorder and personality disorders. Her IQ has been tested in the borderline range and in the low-average range of intellectual functioning.

"Ms. Glum has been under the care of various mental health professionals since 1992," Purdon said Friday.

Feland said Glum graduated from high school and had taken some college classes. Her relationship with the child's father did not involve coercion, she said.

Purdon and Feland said they had never handled a case before involving such serious allegations against a person under a guardianship due to mental health diagnoses.

Feland agreed, saying she and Purdon had to become "psuedo-psychiatrists" while reviewing medical records and psychological evaluations in the case. During the Friday morning hearing, Purdon thanked Feland and the Burleigh County state's attorney's office for their work in getting the case resolved without a trial.

"I would say this is an unusual case,"Purdon said.

"It's a sad case," Feland said.

Glum is slated to be sentenced following a two-day evidentiary sentencing hearing on Nov. 12 and 13. She could be sentenced to up to 10 years in prison and $10,000 in fines. Purdon said Feland has indicated prosecutors would recommend a sentence of 10 years with five years suspended and five years of probation. Purdon did not say what kind of sentence he will be recommending.

Glum is free upon posting a $50,000 cash or surety bond.

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

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