Annette Morales-Rodriguez

Case record: Annette Morales-Rodriguez

Background

Annette Morales-Rodriguez was 34 at the time of her trial and conviction. She was involved in a plan she devised to abduct Maritza Ramirez-Cruz, carve out the fetus, and pass the child off as her own. Trial testimony described that Morales-Rodriguez was distraught over her inability to give her boyfriend a son and had pretended to have two miscarriages and was faking a third pregnancy.

Morales-Rodriguez’s defense attorneys did not deny that she attacked Ramirez-Cruz. They argued that the deaths were reckless but not intentional because Morales-Rodriguez did not mean for the victims to die.

The offence

Morales-Rodriguez was convicted of two counts of first-degree intentional homicide in the deaths of Maritza Ramirez-Cruz and her fetus.

Prosecutors said Morales-Rodriguez faked a pregnancy and panicked as her supposed due date approached, then lured 23-year-old Maritza Ramirez-Cruz to her house. Trial testimony described that Morales-Rodriguez met Ramirez-Cruz at a Latino/Hispanic community center that provided social services for Hispanics. Morales-Rodriguez told investigators she offered a ride. In the videotaped police interview played for jurors, Morales-Rodriguez described:

• she repeatedly bashed the victim in the head with a baseball bat
• she choked the victim until she passed out
• she put duct tape over the younger woman’s mouth and nose and wrapped a plastic bag around her head
• she used a small blade to slice Ramirez-Cruz open from hip to hip
• she pulled out a stillborn boy
• she called 911 telling a dispatcher she had just given birth to a baby who wasn’t breathing

Prosecutors described that Ramirez-Cruz died of blood loss and asphyxiation, and that the fetus died as a result of her death.

A 911 call played for jurors included Morales-Rodriguez telling a dispatcher that she had just given birth to a baby who wasn’t breathing.

During police interviews, Morales-Rodriguez described actions taken after the attack, including cleaning up blood and throwing belongings away, and then returning to slice the victim open and pull out the stillborn boy.

Investigation

A medical examiner found evidence that the baby wasn’t the product of a natural birth, and that a subsequent examination verified Morales-Rodriguez hadn’t given birth. Police later found the victim’s disemboweled body in Morales-Rodriguez’s basement.

At a pretrial hearing, forensic pathologist Wieslawa Tlomak testified that neither autopsy had been completed but that preliminary indications suggested that Ramirez-Cruz died of a combination of blood loss and strangulation, and “it appears the child died because the mother died.”

Detective Rodolfo Gomez testified that when he visited Morales-Rodriguez in the hospital, her first words to him were that “she was sorry for the girl” and she wanted to know how much time she’d be getting. She later told him a girl was dead in her basement and that the baby wasn’t hers.

A judge ruled that an incriminating statement Morales-Rodriguez made to a detective in an emergency room would be admissible at trial, even though the detective failed to explain her right to remain silent. The ruling relied on a public welfare or emergency rescue exception because police did not know yet that Ramirez-Cruz was dead.

Arrest and custody

Morales-Rodriguez was taken to a hospital after admitting she had given birth. She refused medical attention and left. Officers returned to Morales-Rodriguez’s house that day and took her back to the hospital. Police then questioned her and arrested her after an examination verified she hadn’t given birth.

A commissioner bound Morales-Rodriguez over for trial and maintained her $1 million bail. She was scheduled to be arraigned Nov. 2.

Trial

Morales-Rodriguez pleaded not guilty to two counts of first-degree intentional homicide in the death of the mother and her full-term fetus. Her public defender contended the homicides weren’t intentional. The strongest evidence against Morales-Rodriguez was a videotaped police interview she gave to police describing her attack and crude cesarean section with a small blade.

During trial, prosecutors played surveillance video showing the women shopping together, and played about 38 minutes of a 90-minute police interview conducted with Morales-Rodriguez.

As the video played in court, Morales-Rodriguez sat silently with her head bowed as she stared at the table, sobbing and sniffling and occasionally covering her face with her hands. Her voice was generally unwavering, but she paused frequently and sighed heavily. The video included Morales-Rodriguez speaking in Spanish with Detective Rodolfo Gomez translating her words into English.

In the recording, Morales-Rodriguez told Gomez that her boyfriend desperately wanted a son but she couldn’t “stay pregnant.” She said she twice pretended to be pregnant, each time claiming she miscarried, and she eventually faked a third pregnancy.

During cross-examination, Gomez confirmed to public defender Debra Patterson that Morales-Rodriguez said she was “sorry for the girl” and never meant for the baby to die.

A trial began Tuesday and could go to the jury as early as Thursday.

Defense attorneys did not deny the attack and did not call any witnesses. Morales-Rodriguez did not testify during her trial.

Jurors deliberated for about an hour before convicting Morales-Rodriguez of two counts of first-degree intentional homicide.

Graphic photos were shown to jurors, including a picture of the victim’s disemboweled abdomen. During the showing, one juror put her hand over her mouth and another rested her forehead on her palm and briefly looked away.

Sentencing

The convictions carried mandatory life sentences, so the only question for Judge David Borowski was whether Morales-Rodriguez would be allowed the possibility of parole.

Morales-Rodriguez was sentenced to life in prison with no chance of parole on December 12, 2012.

Appeals

No appeals were described.

Outcome

Morales-Rodriguez was convicted in September of two counts of first-degree intentional homicide in the deaths of Maritza Ramirez-Cruz and her fetus.

Her sentencing took place on December 12, 2012 with no chance of parole.

People and relationships mentioned

• Maritza Ramirez-Cruz: victim; 23 years old; pregnant; mother of three; in her 40th week of pregnancy.
• Christian Mercado: Ramirez-Cruz’s husband; testified that he kissed his wife goodbye on the morning she disappeared and called her a few hours later when he worried about pain; it was the last time they spoke.
• Carlos Mercado: mentioned as Ramirez-Cruz’s husband’s father; described the move from Puerto Rico and provided information about Ramirez-Cruz being pregnant; later described distress after Ramirez-Cruz was found dead.
• Darla Gutierrez: fiancee of Carlos Mercado; said she translated for Christian Mercado; described hope that the trial would bring peace of mind and discussed the children’s adjustment.
• Omar: referenced as Ramirez-Cruz and her son transported to Philadelphia for extended funeral services; Omar was the son whose bodies were transported along with Ramirez-Cruz for funeral services.
• Jose R. Chaidez-Montenegro: Ramirez-Cruz’s alleged boyfriend/who was referenced as Morales-Rodriguez’s boyfriend; told the medical examiner that Morales-Rodriguez told him she was pregnant about six months earlier and was evasive about gender and due date.
• Robert D’Arruda: one of Morales-Rodriguez’s lawyers at a pretrial hearing.
• Judge David Borowski: judge at sentencing.
• Prosecutor Mark Williams: prosecutor who showed jurors videotaped confession and planned to play Morales-Rodriguez’s videotaped confession.
• Detective Rodolfo Gomez: detective who translated Morales-Rodriguez’s statements and testified about her words to him.
• Debra Patterson: public defender; was present for cross-examination confirmation of Morales-Rodriguez’s statements.
• Dr. Wieslawa Tlomak: forensic pathologist who testified about preliminary autopsy indications.
• Dr. Rachel English: doctor at St. Francis Hospital who reported superficial scratching on Morales-Rodriguez’s vaginal walls that caused bleeding.
• Dr. Wieslawa Tomak/Tlomak: described in one account as a medical deputy examiner who discovered the baby still had parts of the ovaries attached to the uterus and placenta and determined the birth was forced.
• Edward Flynn: police chief mentioned in one account addressing detectives’ determination that Morales-Rodriguez was not the birth mother of the baby.

Additional details

Morales-Rodriguez had three children mentioned in some accounts.

Ramirez-Cruz’s surviving children were described as three children with a father, Christian Mercado, and included daughters ages 5 and 7 and a 3-year-old son in one account.

Funeral arrangements were described: the bodies of Maritza Ramirez-Cruz, 23, and her son, Omar, were transported to Philadelphia, Pennsylvania for extended funeral services, and interment was planned in Puerto Rico.

The trial was expected to last a week, with the state calling 25 to 30 witnesses.

A court commissioner bound Morales-Rodriguez over for trial while maintaining $1 million bail, and she was arraigned later as scheduled.

Morales-Rodriguez’s court-ordered doctor did not find evidence to support an insanity plea, and her new lawyers changed her plea to not guilty.

A judge ruled admissible an emergency room statement made by Morales-Rodriguez to a detective without a rights explanation, based on a public welfare or emergency rescue exception.