Circuit court finds Suure-Lähtru baby killer not guilty of desecrating a corpse

The Tallinn Circuit Court agreed with the Pärnu District Court that Kairi Kuusemaa is guilty of killing her newborn child. However, the circuit court overturned the county court's decision regarding the desecration of a corpse and acquitted Kuusemaa of that charge.
In the so-called Suure-Lähtru infant death case, the district court's decision to sentence Kuusemaa to three years and nine months in prison for killing her newborn remained in force, the circuit court announced.
Both Kairi Kuusemaa's defense attorney, Robert Sarv, and the Prosecutor's Office appealed the Pärnu District Court's February 20 ruling. Kuusemaa's attorney challenged the court's conclusions regarding the defendant's awareness of her pregnancy and the impending birth, as well as the cause of the infant's death.
In its appeal, the Prosecutor's Office sought to have part of the district court's decision overturned and to secure a new ruling that would also find Kuusemaa guilty of desecration of a corpse. The district court had previously closed proceedings on that charge, determining that it could potentially be classified as a misdemeanor.
Upon reviewing the evidence, the circuit court agreed with the district court that the defendant was aware of her pregnancy no later than December 21, 2023, and that the birth was not an unexpected event for her. Based on Kuusemaa's internet search history, the panel concluded that it was impossible to claim she had no knowledge of her pregnancy.
The circuit court found that the defendant had severed the newborn's umbilical cord but determined that she could not be held responsible for the infant's death due to blood loss caused by the severing. The court noted that the newborn suffered respiratory failure because Kuusemaa smothered the child.
The panel concurred with the county court that Kuusemaa could not be held liable for desecration of a corpse, as the evidence suggested a significant possibility that the defendant may have hastily buried the child's body. The prosecution did not pursue this particular allegation against Kuusemaa.
The circuit court determined that the disposal of the body was driven by an intent to conceal the crime and found no grounds to initiate misdemeanor proceedings for failing to report the infant's death. As a result, the court acquitted Kuusemaa of that charge.
The court's decision has not yet entered into force.
This February, the Pärnu District Court convicted Kairi Kuusemaa of killing her child and sentenced her to three years and nine months in prison. Her sentence began on March 9 of last year.
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Editor: Mirjam Mäekivi, Marcus Turovski