Hernando: Mom gets house arrest in death of infant son

BROOKSVILLE -- The young woman from Spring Hill who hid her pregnancy, gave birth alone on a tile floor in her bedroom and did nothing to help the infant as it gasped and died got no time in prison in a sentencing hearing here on Thursday.

Batiste, 20, today was sentenced by Circuit Judge Jack Springstead to two years of house arrest, four years of probation after that and 1,000 hours of community service.

Aggravated manslaughter of a child is a first-degree felony that can be punished by up to 30 years in prison. Batiste was sentenced as a youthful offender, according to the terms of her guilty plea made in November – but even with those much lower guidelines, she still could have gotten 4 years in prison.

Springstead, a longtime judge in Hernando County who is known for his consistent but stern sentencing, said he based his relative leniency in this case in large part on the wishes of the boyfriend – the father of the child – and the boyfriend’s father. They asked that she receive no jail time.

Prosecutor Pete Magrino said he respected those wishes but also called Batiste’s actions or inactions “cavalier” and “careless” and said he has to answer to his own conscience. He asked for nine months in county jail. Even the presentencing investigation recommended 60 days.

It didn’t happen.

On her way out of the courtroom, Batiste’s mother, Barbara Abrams, said she had no comment.

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Comments on this article

by Anita	01/12/07 01:27 PM
To Pam and Jaime, it is true, if she was black, she would have been sentenced differently. This is typical in our courtrooms, have seen this with my own eyes. The system works for some, for others it is bastardized.

by Concerned Citizen	01/12/07 12:32 PM
Isn't this young lady related to someone on the Sheriffs staff? This sets an example as to it being ok to kill people in Hernando County. Springstead, what were you thinking? Chaulk another one up for a corrupt county!

by jamie	01/12/07 05:40 AM
She is a very troubled young woman. Prison is not the place for her. Judge Springstead did the right thing. And Pam---why do you have to inject the race card into this?

by Debbie	01/12/07 12:42 AM
To all who expressed their feeling,those are your feelings and their is only one JUDGE and im sure he will do that on his own let your voice be heard but does it really matter,I think not.

by Jeannie	01/12/07 12:26 AM
Murder is muder she should have gotten some jail time, now what's to stop her from letting another unwanted child die, to many other options, adoption birth control

by jane	01/11/07 11:42 PM
If no one cares whether you live or die, then it doesn't matter if someone murders you. This innocent baby's father and grandparents don't care that he is dead, but maybe he wanted to live - who speaks for him? Not Springstead.

by Anne	01/11/07 10:56 PM
1st story sttd: girl gave birth, cut the cord & child stopped breathing. Child was 8 wks early & had an infection. Survival was slim no matter what. Add to that the mental illness (depression) of mom & you have a tragedy that jail time won't fix.

by ree	01/11/07 10:13 PM
I cant believe she got only house arrest,this was premeditated as she tried earlier on to get an abortion, and was too far along, she could have very well adoped it out, or sounds like the father's family would have taken it. Sick Sick World!! Scary!

by colin	01/11/07 10:00 PM
everyone is intitled to their opinion of what should heppen but do u know the hole store, were u there did u hear it all, the hole story, no u dont so u should not judge, and to say its about race is stupid , get over it, we,re all american,

by Jessica	01/11/07 09:40 PM
OMG! As a Mother of 2, if this girl is mental or not how can you just sit there and watch your new born die...she sure gave that baby a chance didn't she? The Judge should have gave just as much of one None....

by CD	01/11/07 09:14 PM
what a shame.A baby is totally helpless and she is set free,but if you do something to an animal you face 10 years in prison and thousands of $$$ in fines.What does this tell other young parents?Kill your baby and get sentenced to stay home?SICK!!!

by gypsy	01/11/07 08:23 PM
What the ??? Did this judge take a dive or what ? The only good to come out of this situation is the baby will not be raised by an uncaring, neglectful mother-

by lorie	01/11/07 08:04 PM
what is wrong with are people it is not fare that women who wants a baby and can not have one. and the ones who go out there and get knock up and get get rid of the baby like it was never there is that fare to the ones who want one

by lorie	01/11/07 07:56 PM
she sould be punished like any other MURDER any body who kills a child sould be punished. there is so many people out there that wants a family and can not have them or they cant get pregant but the ones that do and dont want them just kill them

by Fantana	01/11/07 07:34 PM
Can anyone say they are honestly shocked by this girl not going to prison? If so, you need to look at how many rapists and child molesters are still out on the streets. This is not an issue of black or white either, just a flawed judicial system.

by Robert	01/11/07 06:38 PM
The judge should have to answer "Why no prison time?" What makes her special? Say she gets pregnant again with an unwanted baby and lets it die too, another house arrest so her boyfriend can come over and gether pregnant again? Poor Babies!

by Vicky	01/11/07 06:32 PM
What has been left out of this story? What didn't we get to know about her sentencing? Why would any judge let her off like that? Who cares that the father didn't care about the baby's death either? Murder is murder! Lock her up!

by Sharon	01/11/07 06:11 PM
It is not up to the public to judge her.The Judge gave his verdict for while she is here on earth. She still has to face the Lord and his judgement.We are not suppose to question why. God did give us free will, and she used hers.

by amy	01/11/07 06:02 PM
I guess the judge thinks her real punishment will come when she realizes that even after the house arrest and probation, everyone she comes in contact with (except for perhaps her baby-daddy) shuns her and treats her like the murderer she is.

by gasping?	01/11/07 05:53 PM
you lawmen ar nuts- is this crazy baby killer gona at least recieve help so she stops her killing spree before she strikes again? in illinios they would never allow this- i have heard animal killers reciving harsher sentence.

by Cheryl	01/11/07 05:02 PM
I belive this woman has/had severe mental and emotional problems and believe she should have been committed to a mental institution for the same period of time as a prison sentence. No exceptions.

by Paula	01/11/07 05:00 PM
Miss Baiste DO 2 years and community ser, get real the baby death was looked over because of the parents on both sides. Give me a break This was not careless or cavalier this was girl who let the child die. LET HER DO TIME.

by ROSE	01/11/07 04:57 PM
What has happened to our world? I believe the sentencing should have been harder, this was the life of a helpless infant...I have been trying to get pregnant for several years and so much desire a baby and this young women has one and lets it die?

by Belinda	01/11/07 04:46 PM
I feel sorry for this girl. She is sick. She needs to have a hyterectomy so she never, ever becomes pregnant again!!!!

by Catherine	01/11/07 04:45 PM
She's 20 not 10, she is not a child and should not have been sentenced like one. She should be made to do all 1000 service hours in a hospital NICU to see what true humans do for their babies.

by Pete	01/11/07 04:37 PM
Another fine example of the new order of no accountability in our society. Women are killing their children and getting away with murder. We shall reap what we sow in the form of a totally disfunctional society.

by Carlene	01/11/07 04:30 PM
That young woman should go to Prison for murder! She was "Old Enough" to make a baby, she is old enough to Do the Right Thing. With the options out there for unwanted babies, she had other choices.

by Sabrina	01/11/07 04:27 PM
Not fair at all most people would have ended up in Jail. She was of age to know right from wrong. She watched her new born child gasped for air and die. It is just like she smothered her own child. To many people which they could have children.

by viridiana	01/11/07 04:00 PM
she should have gotten jail no matter what she let a human bieng die in her face .no one has a right to let anyone die. She should be feeling guilty she killed someone of her own.

by Bob	01/11/07 03:50 PM
What a joke. Respect for life really has diminished. She could have just killed the baby legally if she had made her decision to abort it sooner. I wonder if this girl would have gotten off if she had been from the "other side of the tracks"!!

by jen	01/11/07 03:48 PM
She didn't get any jail time??? any person who hurts any child should be shipped off to a remote island an tortured. She is completely sick to kill her own child. poor thing never had a chance

by t	01/11/07 03:42 PM
NOONE CAN JUDGE THIS YOUNG LADY ONLY GOD

by S.	01/11/07 03:23 PM
well, I only hope this girl realizes what she had done and will have a greater appreciation for life in the future. It's a shame.....with so many people who would love to adopt.

by Pam	01/11/07 03:21 PM
If she were a african american she would have gotton jail time!So you tell me,a competent female can comit murder and get away with it? Please Give me a break. She did the crime,she should do the time.It does not matter what color she is !

by Mohammed	01/11/07 03:21 PM
This is a horrible decision to grant this lady no jail time. This is a major problem with the American judicial system. She committed murder and her only punishment is probation and community service. The judge abused his power and his public trust.

Mom gets house arrest in death of infant son

Early edition: Nicole Batiste also will serve four years probation and 1,000 hours of community service for allowing her newborn to die after she secretly gave birth.