Marybeth Tinning

Background

Marybeth Tinning (née Roe, born on September 11, 1942) was an American prisoner serving a 20-year prison sentence. She lived in Schenectady, New York, with her husband, Joe Tinning.

Marybeth Roe attended Duanesburg High School with her younger brother. Her father, Alton Roe, worked as a press operator for General Electric.

Marybeth tried to kill herself several times as a child. Over the next few years, she worked in a series of low-wage jobs. She later became a nurse’s aide at Ellis Hospital in Schenectady.

In 1963, Marybeth met Joe Tinning on a blind date. The couple married in spring 1965.

Other details

The case material included narrative statements describing her as “a wicked woman,” and also included a discussion of alleged motives and suspicions around attention and sympathy, including a reference to Munchausen Syndrome by Proxy (MSP). Marybeth herself stated in parole contexts that she had no recollection and could not believe she harmed her daughter.

The offence

Marybeth Tinning smothered her daughter Tami Lynne. Suspicion also mounted that she had killed other children, and she confessed to smothering Tami Lynne, Nathan, and Timothy, though she later retracted regarding Timothy.

She was convicted in Tami Lynne’s case and sentenced to 20 years to life.

Investigation

After police interrogation, Marybeth Tinning confessed to smothering Tami Lynne, Nathan, and Timothy. She denied having harmed the other children.

In custody, investigators further reviewed the family history. An autopsy had failed to provide a valid medical reason for Tami Lynne’s death, and the death was initially listed as Sudden Infant Death Syndrome (SIDS).

After the confession and arrest, police and the D.A.’s office decided to take the investigation further. On May 29, 1986, under the direction of Dr. Michael Baden and Dr. Thomas Oram, the bodies of three children were exhumed from the Most Holy Redeemer Cemetery in Schenectady County and transported to the Medical Examiner’s Office for further testing. Confusion over the location of gravesites resulted in the exhumation of the wrong corpse in one case. The other two bodies were too decomposed for a conclusive examination.

Police and several investigators met in Albany after the death of Tami Lynne to review evidence from the deaths of nine children. It was decided that Marybeth needed to be interviewed again regarding Tami Lynne’s death.

Arrest

Marybeth Tinning was arrested and charged with the murder of her 4-month-old daughter, Tami Lynne.

The arrest occurred after an investigation led to her arrest on February 4, 1986, following her confession during police interrogation.

Timeline

• August 22, 1985 — Marybeth Tinning gave birth to her eighth child, Tami Lynne.
• December 19, 1985 — Next-door neighbor Cynthia Walter visited and later described finding Tami Lynne after a call from Marybeth; at the emergency room the baby was pronounced dead.
• February 4, 1986 — An investigation led to Marybeth Tinning’s arrest after she confessed to pressing a pillow over Tami Lynne’s face when the child “fussed and cried.”
• May 29, 1986 — Three bodies were exhumed for further testing under the direction of Dr. Michael Baden and Dr. Thomas Oram.
• July 17, 1987 — Marybeth Tinning was found guilty of murder in the second degree in the death of Tami Lynne.
• October 1, 1987 — Marybeth Tinning was sentenced to 20 years to life in prison.
• March 2007 — Her first parole attempt occurred.
• Late January 2009 — Her second parole board appearance occurred.
• January 2011 — She was eligible for parole again.
• January 2013 — Her next opportunity for parole was stated to be in January 2013.

Trial

Marybeth Tinning was indicted for the murder of only one child, Tami Lynne. She went to trial in Schenectady County Court with contentious pre-trial hearings about admissibility of her February 4, 1986 statements.

During pre-trial hearings and at trial, investigators testified about the circumstances of her questioning. State Police Investigator Joseph Karas testified:

“She said she’d talk but didn’t want to sign anything.”

Karas also stated that he read Miranda rights to Marybeth and she understood them.

Marybeth denied that she received Miranda warnings and said police intimidated her.

At trial, the prosecution argued successfully that the crucial statements made by the defendant on February 4, 1986 at State Police headquarters were not coerced and would be admissible.

In her trial testimony, Marybeth said:

“They were telling me what to say. A lot of time the police made a statement and then I just repeated it. These gentlemen were telling a story and I just repeated it”
and later: “I was just tired. I didn’t want to go on. I knew what they were doing was wrong, but it would appear they had me in their clutches”

Marybeth also testified about alleged threats:

“They said that if I did not tell the truth, they would take my kids out of their graves and rip them limb from limb!”

“calmly responded to almost all of the questions...but she fought back tears when she testified about what she claimed was a police threat to unearth her children's bodies”

The trial included medical testimony with multiple experts. Dr. Bradley Ford examined Tami Lynne as an infant and advised installation of a crib monitor; the monitor was not used:

“The monitor was recommended, but the parents elected not to use it”

Dr. Thomas Oram testified with the position that Tami Lynne was smothered:

“I’m saying sir, in essence that I came to the definite, positive conclusion that this child was smothered. This would be the only thing that would answer all the evidence”

Defense physicians offered genetic disease explanations. A pathologist, Dr. Arnulf Koeppen, testified it was his belief that Jonathan died from Wernig-Hoffman Disease. Another pathologist, Dr. Jack N.P. Davies, claimed that the affliction that killed all nine children was unknown:

“Frankly, I think this may be a new syndrome, a new disease”

Dr. Marie Valdez-Dapena testified about SIDS and opined the likelihood of genetic disease:

“there is a stronger probability that this was a suffocation with a soft object, in light of the family's history”

During the opening and closing arguments, the prosecution relied on the evidence of smothering. District Attorney Poersch’s opening statement included:

“Once you have heard all of the evidence and assimilated it,”
“you will come back with a verdict of murder in the second degree against Marybeth Tinning, who murdered her child by smothering it.”

Defense attorney Paul Callahan argued to the jury:

“Don’t be led into the conclusion that there are inferences and innuendos that are proof that she may have killed Tami Lynne,”
“If she didn’t cry at the right time, if she laughed at the wrong time, does that mean she is guilty of murder,”
“or that she's a human being with emotions?”

The jury deliberated almost 20 hours over three days, and there was reported initial confusion over wording in the New York murder statute.

Quotations

Marybeth Tinning’s statements to investigators included:

“I smothered them with a pillow because I'm not a good mother.”
and: “Because she was always crying and I couldn't do anything right”

In a separate quotation attributed to Marybeth during parole contexts, she said:

“I have to be honest, and the only thing that I can tell you is that I know that my daughter is dead. I live with it every day,”
“I have no recollection and I can't believe that I harmed her. I can't say any more than that.”

During another parole appearance, she stated:

“I was going through bad times,” when she killed her daughter.

Sentencing

On October 2, 1987, the sentencing judge was Judge Clifford T. Harrigan.

Prosecutor John B. Poersch asked for a maximum sentence of 25 years to life and told the court:

“This woman knew the consequences of all her acts,”
“she is a wicked woman.”

Defense attorney Paul Callahan requested a minimum 15 years.

Marybeth read from a prepared statement:

“I want you and the people in this courtroom to know that I am very sorry that Tami Lynne is dead,”
“There is not a day that goes by that I don't think of her. I miss her very much. I just want you to know that I played no part in the death of my daughter, Tami Lynne.”
“I will try to hold my head high and accept the punishment that society and the court requires for the crime I was convicted of.”
“I did not commit this crime but will serve the time in prison to the best of my ability.”
“However, I will never stop fighting to prove my innocence.”
“The Lord above and I know I am innocent.”
“One day the whole world will know that I am innocent and maybe then I can have my life back once again or what is left of it.”

Marybeth was sentenced to 20 years to life immediately following her statement.

Appeals

An appeal was made to the New York State Appellate Court based on the notion that her confession was not voluntarily given.

The court stated:

“Our review of the record leads us to conclude that the people have shown the legality of the police conduct. Defendant testified that she willingly accompanied the police officers for questioning and that before leaving home she spoke with her husband, who advised her not to call an attorney...further evidence in the record supported findings that defendant was not handcuffed, threatened or coerced, that she was free to leave...Accordingly, defendant's conviction must be affirmed on all respects”

Outcome

Marybeth Tinning was convicted of murder in the second degree in the death of Tami Lynne and sentenced to 20 years to life.

Her first parole attempt was in March 2007; parole was denied.

In late January 2009 she appeared before the parole board for the second time; the parole board again denied parole, stating her remorse was “superficial at best.”

She was eligible for parole again in January 2011, and parole was denied again. Her next opportunity for parole was stated to be in January 2013.

Aftermath

After her conviction, it was reported that additional prosecutions for the deaths of the other children did not happen. In August 1989, Marybeth Tinning was indicted for the murders of Nathan and Timothy, but charges were later dropped due to a lack of evidence.

Marybeth was listed as inmate No. 87G0597 and was housed at the Bedford Hills Prison for Women in New York.