A state judge has postponed a decision on whether or not instant messages a Wayne woman accused of murdering her newborn baby sent can be used in court, NorthJersey.com reported.
State Superior Court Judge Raymond A. Reddin was supposed to make the determination last Friday, in time for a trial set to start Feb. 10, but delayed the decision due to a full calendar of unrelated cases last week, the report said.
The instant messages in question were sent by Wayne resident Keri Barry before she gave birth in 2009, and mentioned that she did not want to be a mother, the report said.
The defense has argued that the messages are nonsensical and will prejudice the jury, while the prosecution has said they show Barry’s state of mind, and prove that she lied to cops when she told them that she didn’t know she was pregnant, and later said that she thought she had a miscarriage, the report said.
According to the report, Barry, now 26, gave birth at home without seeking medical attention in December 2009.
After her family took her to the doctor and allowed for a search of her home, investigators found a male baby’s body wrapped in a garbage bag outside her home, the report said.