Wayne Mom Accused Of Killing Baby Gets Case Dismissed

WAYNE, NJ – After a decade-long legal battle, charges against a Wayne woman accused of killing her newborn baby after giving birth in the bathroom of her home have been dropped, according to the Passaic County Prosecutor’s Office.

On Monday, the prosecutor’s office said the decision was made after an appellate court upheld a superior court judge’s ruling that key evidence in the case was inadmissible.

Keri Barry, 31, was charged with murder and endangering the welfare of a child after authorities say she delivered a full-term baby boy in December 2009, put him in a plastic bag and left him on the bathroom floor.

Barry checked in to a local hospital afterwards with abdominal pain and doctors determined she had given birth. After that, they alerted police because “there was no indication of the whereabouts of the child,” the prosecutor’s office said.

During further investigation, police recovered the plastic bag at her home, which contained the deceased newborn. An autopsy confirmed the baby had been born alive and Barry was charged in the death, the prosecutor’s office said.

During preparation for trial, Barry filed motions to suppress the evidence seized from her home, and all of the evidence derived from its recovery and Judge Joseph Portelli granted the motions, ruling that the police lacked a search warrant when the baby's body was recovered and the evidence couldn't be used at trial.

See More: Key Evidence Tossed In Keri Barry Case

An appellate court upheld his ruling earlier this year.

“Without the use of the evidence deemed inadmissible by Judge Portelli’s ruling, the state cannot sustain its burden of proof with respect to each element of each offense, thus a dismissal is required,” Chief Assistant Prosecutor Jason Statuto said in a statement.

"The Passaic County Prosecutor’s Office has aggressively pursued its legal right to appeal the decision of Judge Portelli to suppress the evidence in this case. While we respectfully disagree with Judge Portelli’s ruling, and with the Appellate Division’s decision, we of course respect the opinions and the process that produced those outcomes," Statuto also said. "In sum, the Passaic County Prosecutor’s Office has determined that, considering the totality of the circumstances, the dismissal of the charges is required."

Barry’s attorney, John J. Bruno Jr., told NJ.com, that his client, who now has two children, is "elated."

“This is the greatest Christmas gift she could have ever received...” Bruno Jr. said. “It was a hard fought fight for ten years. We had faith that the system would work and it did.”