Diane Odell

Case record: Diane Odell

Other details

Diane Odell was a former resident of Kauneonga Lake and was 50 years old at the time of sentencing. She was described as a former mental patient in some characterisations, and her legal counsel presented mitigation centred on her history of abuse.

Odell was convicted in connection with the deaths of three newborn babies in 1982, 1983 and 1985. The court proceedings involved evidence relating to badly decomposed and/or mummified remains of the babies, which were found in a storage shed in Safford, Arizona in May 2003. The remains had been wrapped in blankets and garbage bags and placed into stained cardboard boxes. Photos and x-rays of the infants were presented during trial, and the media dubbed the case “The Babies in Boxes Murder Trial.”

A fourth infant born in 1972 was discovered later. The sentencing record reflected upon the 1989 discovery of the remains of a baby born to Odell in 1972, stuffed in a suitcase found in a junked car in Max Shapiro’s wrecking yard in Kauneonga Lake. During questioning by authorities, Odell reportedly admitted the baby was hers, but police could not make a case.

Odell’s family included her common-law husband Robert Sauerstein, and multiple children. At sentencing, her legal aide attorneys were Stephen Schick and Timothy Havas. Odell’s lead legal aide attorney sought release of the remains for proper burial on behalf of the family, and that matter was described as under judicial consideration.

Investigation

Arizona authorities discovered “severely decomposed bodies of three newborn children contained in a storage unit rented by defendant.” The Arizona authorities determined that Odell was a resident of Pennsylvania and interviewed her at the Pennsylvania State Police barracks in Towanda. Following additional interviews, she was indicted and charged with intentional and depraved indifference murder in connection with the deaths of each of the three infants.

Sullivan County District Attorney Stephen F. Lungen said the “Babies in Boxes” murder case against Odell began in 1989 when the remains of a mummified infant born to her in 1972 were discovered in a suitcase in a junked car. He said the 1989 case was never presented to the jury, but that it showed intent in how investigators viewed the later case involving the three more infants. Lungen also said evidence pertaining to the discovery in 1989 played a key role in how investigators viewed the 2003 case.

Lungen said he offered a deal: Odell could plead guilty to manslaughter in the “Babies in Boxes” case if she waived the five-year statute of limitations for this charge, but the defense nixed the plea bargain.

The Arizona discovery in May 2003 involved storage shed contents and a subsequent trail leading to Odell. Two days before one of the discoveries, Thomas Bright purchased the abandoned contents at auction. When he began opening boxes, Bright found what he thought was a dead baby and called the cops. Investigators examined the contents of storage shed #2 and found two more dead infants.

Court proceedings included forensic testimony. A DNA expert, Stephen Swinton (supervisor of DNA services at the State Police lab in Albany), showed a DNA chart that he said established a conclusive genetic profile indicating Odell was the mother of “Baby #2.” He said DNA tests on various body parts of “Baby #1” were inconclusive due to decomposition, while DNA tests on “Baby #3” indicated a partial match to Odell.

Dr. Michael Baden, a forensic pathologist, testified that one of Odell’s babies was suffocated by a towel stuffed down its tiny throat, one died under her thigh after birth, and another died in an unknown manner caused by traumatic asphyxia. He also testified that an autopsy performed on June 4, 2003 indicated one baby was a boy, while another was a girl, and that the gender of the third infant could not be determined. Baden testified that the cause of death could not be determined due to the length of time between death and discovery, but that the manner of death was traumatic asphyxia caused by suffocation. He ruled the deaths as homicides and explained to the jury this was “a medical judgment – death at the hands of another – not a legal judgment.”

Det. Sgt. Thomas of the Grand County Sheriff’s Department (AZ) described discovering “Baby #3.” Schick responded in court with a statement that Odell did not kill the babies and that she wrapped them and packed them up wherever she went because she could not bear to leave them behind.

Arrest

When police came knocking, Odell was located working at a Rite-Aid pharmacy in Rome, Pennsylvania on May 17, after information discovered while authorities were examining the contents of the storage shed. In the course of investigation, legal jurisdiction switched from Arizona to New York when Odell told authorities the three babies had been born in the Empire State.

Trial

Odell was indicted on June 25 by a Sullivan County Grand Jury on six counts of murder in the second degree. The charging description included intentional and depraved indifference murder counts in connection with the deaths of each of the three infants.

The case was presented as the “Babies in Boxes” murder case. Sullivan County DA Stephen F. Lungen made opening remarks to the jury before Judge Frank J. LaBuda, characterising the case as infants born alive and entitled to the full protection of the law, with concealed deaths until mummified and decomposed bodies were found. Lungen’s opening described “snuffing out the lives of three newborns.” Lungen also said the deaths were concealed for over 20 years.

According to the indictment quotation presented in the trial proceedings: “Dianne [her first name is spelled Dianne and/or Diane on various medical records], did knowingly, unlawfully and intentionally cause the infant’s death by traumatic asphyxia, which prevented the infant from breathing, and then placed the infant in a box wrapped in blankets and towels, placing the infant in a closet and thereafter hidden in an outside shed.”

At trial, defense counsel Stephan Schick responded to evidence described during discovery and testimony. Schick said the defense contended Odell wrapped those babies and packed them up wherever she went rather than killing them.

Brenda Kuhr, one of the jurors who voted to convict Odell, said she did not believe Odell’s tale of abuse and that stories changed. Kuhr’s comments included that Odell did not know if the babies were boys or girls and did not name them, and that the babies’ bodies were found packed away with old blankets. Kuhr said one juror was upset that one baby “didn’t even have a nightie on it — just naked in a garbage bag,” and Kuhr said “She deserved to get it [the sentence].”

Defense counsel rested without calling a single witness, which Sauerstein later criticised.

Jury verdict

After about five hours of deliberation on a Tuesday, a Sullivan County jury found Odell guilty of murdering three of her babies in circumstances evidencing a depraved indifference to human life. The jury convicted Odell of three counts of second-degree murder based on depraved indifference. The jury tossed out the three counts of intentional murder.

Sentencing

Odell was sentenced by Sullivan County Court Judge Frank J. LaBuda on January 28, 2004 in Sullivan County Court.

Judge LaBuda sentenced Odell to:

• 15 years to life for the 1982 baby
• 20 years to life for “baby #2” (1983)
• 25 years to life for the third infant born in 1985

All sentences ran concurrently. Odell was eligible for parole in 2029. The maximum sentence she faced was 75 years to life.

At sentencing, Judge LaBuda reflected on the timing of the trial, commenting on celebrated birth of an infant. He said the jury found her guilty of depraved-indifference murder and made statements about responsibility and the effect of the sentence.

Judge LaBuda said: “You have violated a basic tenent, a basic principle, a basic belief that all Americans have, a right to life and liberty,”

He also said: “You have violated a basic tenet, a basic principle, a basic belief that all Americans have: A right to life and liberty,”

Judge LaBuda said: “You allowed those babies to rot away,”

And: “Today is judgement day, 25 years later, a quarter of a century later.”

Before pronouncing sentence, LaBuda was described as not unmoved by letters he received from her children asking for mercy, and he stated sentencing was not for punishment and retribution but for reaffirmation of respect for life. He said: “It occurred during a time when many people throughout the world celebrated the birth of an infant who was perhaps unwanted by others . . . born in a barn and wrapped in swaddling clothes,”

And he stated: “reaffirmation of the "respect for life we Americans have – a country dedicated to life, liberty and the pursuit of happiness."”

Judge LaBuda also said: “It was a dark tale that you created . . . no matter how small a life.”

As the prosecutor called her selfish and without remorse, Judge LaBuda told Odell: “The sentence the court will impose upon you is a sentence that will not and cannot put those babies back in a closet,”

Judge LaBuda also told Odell: “I am not unmoved by the quality of your children, by the letters I received from you children asking for mercy.”

As sentencing ended, Judge LaBuda closed proceedings: “I hope you will take this opportunity to prepare for the final judgement when you will have to account for your actions.

Odell addressed the court and read from a short handwritten statement. Odell said: “For what I hope is the last time in my life, I will say I did not kill my children,"

Odell said: “I have been in a jail of my own making for most of my life. I want to know, when does my suffering end?”

Odell said: “I will apologize for not making conscious, educated decisions. And I hope that one day truth and justice will set me free. "

Odell said: “I will spend the rest of my life trying to be the person I should have been,”

During the sentencing proceedings, Odell stood to speak and her voice was described as shaking.

Statements by prosecution and defense

Stephen Lungen stated after the remains were discovered, Odell gave authorities seven different versions of “the truth,” claiming “she was kept off the witness stand by her attorney because he didn't want (facts related to) the 1972/1989 baby brought out [in court].” Lungen was quoted: “The truth is, Odell didn't testify because she knew there would be cross examination that could have exposed her,”

Lungen was also quoted: “In no way did she take any responsibility or show any real remorse,”

In another quote, Lungen said: “It was clear from the evidence, she was only talking about the children she wanted. While she was supposedly telling the police the truth, the three babies were rotting away in a closet in her house.”

Lungen also said: “There are no illegitimate children, only illegitimate parents.”

Lungen argued that Odell learned a lesson from the 1989 discovery of the 1972 baby and stated she wanted to keep the “bastard children” with her so she couldn’t be tracked, and that she learned from the first baby how not to get caught. Lungen was quoted: “She knew the first time she was caught (but never charged),”

And: “She wanted to keep the bastard children with her so she couldn't be tracked – she learned from the first baby how not to get caught.”

And: “It was a coward's way out,”

Schick was described as asking for the minimum sentence and calling Odell a “haunted woman.” Schick said: “My client has expressed nothing but remorse,"

Schick said: “All her children living at home tell me that she is nothing but the kindest, gentlest, most loving mother they could possibly have.”

Schick said: “haunted woman,”

Schick said: “She’s a person who has lived a life of incredible hardship and a life of incredible abuse since she was about 9 years old, when she was first sexually and physically abused,”

Schick said: “If there's a price to be paid by her, the price will be paid by society for her lifetime incarceration, her children and her family – children aged five to 17, as well as her adult children.”

Schick was quoted:

Schick asked for “a beacon of light” for his client. Schick said: “a beacon of light.”

Appeals

Odell appealed the judgment. An appellate decision from the Appellate Division, Third Department, affirmed the judgment.

In her appeal, Odell initially contended that County Court erred in failing to suppress statements given to law enforcement officials. The appeal described that Odell’s husband, as well as Odell, advised the police that Odell wished to consult a lawyer before questioning, and that all statements made thereafter were inadmissible. The appellate court disagreed.

The appellate court addressed the noncustodial nature of the relevant request for counsel and addressed whether it was equivocal or related to the investigation at hand.

The appellate court also addressed other contentions:

• The appellate court rejected an argument that cameras in the courtroom required reversal, stating reversal required actual prejudice and none was demonstrated.
• The appellate court rejected an argument that it was error to allow the People’s forensic expert to testify as to the cause and manner of death based in part on Odell’s statements.
• The appellate court found County Court inappropriately permitted the People’s expert to opine that the infants’ deaths constituted “homicides,” stating it invaded the province of the jury, but held the issue was not preserved for review and would be harmless if reviewed in the interest of justice.
• The appellate court rejected the contention that County Court erred in refusing to charge criminally negligent homicide, reasoning that after requesting such charge, defense counsel acknowledged it would constitute a waiver of defendant’s protection under the statute of limitations, and County Court properly declined to so charge.
• The appellate court considered remaining contentions and found them equally without merit.

The appellate court ordered that the judgment is affirmed.