GIRL FACES MURDER CHARGE.

Byline: Karen Maeshiro Staff Writer

PALMDALE - A 16-year-old Palmdale girl is facing a murder charge in the death of her newborn baby after giving birth alone at home, according to officials.

The girl, whose name has not been released because of her age, was 15 when she gave birth in November. Prosecutors filed charges in June of murder and assault on a child under the age of 7 causing death.

``She is alleged to have had a baby and basically had it in the toilet at home. She didn't tell her mom about the pregnancy,'' the girl's attorney, David Wallin said. ``The baby died in the toilet. It allegedly drowned. We don't know if it died before it was born or died by hitting its head on the toilet.''

The girl, who is not in custody, has pleaded not guilty and is scheduled to appear in Sylmar Juvenile Court next month for trial.

Prosecutors declined to talk about the case in detail, including the baby's cause of death, saying they did not want to discuss the evidence publicly.

``The allegation is that the minor delivered the baby at home, abandoned the baby, and it died,'' Deputy District Attorney Alan Yochelson said. ``We feel that that is the appropriate charge based on the evidence of conduct.''

Wallin said his client should not have been charged with murder because there was no premeditation. The girl had no prenatal care or counseling, did not know what was going on when labor began, and endured tremendous pain and trauma, Wallin said.

``She needs counseling because of all the trauma she's going through. She's a baby girl herself,'' Wallin said. ``It should be resolved by way of a manslaughter charge. At 15, she has barely comes to terms with what's going on.''

Authorities were alerted to the baby's death after the girl sought medical treatment following the delivery, Yochelson said.

Wallin said the girl put the baby in a bag in a closet and passed out from the loss of blood because of hemorrhaging.

Wallin also said it didn't make sense that the case was filed in June, seven months after the incident.

``They knew all the facts in November, and they don't file until June. What's the point? It doesn't make any sense,'' Wallin said.

Yochelson said prosecutors in the District Attorney's Office's juvenile section in Sylmar filed the case within two weeks of being presented with it by sheriff's homicide investigators.

``Any delay before that goes to the scope of the investigation,'' Yochelson said.

Homicide Detective Cheryl Comstock declined to comment on the case.