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Highlands Today

Prosecution's Case Hinges On Circumstantial Evidence

Landfill Baby Case

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By Dan  Fearson | Highlands Today

Published: January 11, 2008

SEBRING — A "body-less" murder trial is uncommon, but it's not unheard of, according to Assistant State Attorney Steve Houchin.

Because authorities were unable to locate the body of the alleged newborn that Silvia Zanchez supposedly threw into the trash last November, prosecutors now have to prove through circumstantial evidence that Zanchez actually delivered the baby, if her case goes to a criminal trial.

A Highlands County grand Jjury indicted Zanchez, 24, of 109 Sarasota St., Lake Placid, Wednesday, on charges of first-degree murder and aggravated child abuse.

"We're going to have to prove circumstantially that she gave birth to a live human being," said Houchin, who also said that he's never prosecuted a "body-less" trial.

A press release from the Highlands County Sheriff's Office issued Wednesday said that a roommate at Zanchez's residence reported to authorities that Zanchez had delivered the baby in her bedroom in November.

The initial release provided by the sheriff's office said that the baby was female, but on Thursday an official working on the case said that the baby was male.

According to the release, the roommate also reported that Zanchez disposed of "sheets and bedding that had been on her bed, as well as other unknown items in trash bags that were collected by the garbage truck on Nov. 23."

Zanchez allegedly confessed to investigators that she delivered the infant son, which she placed in a garbage bag.

On Thursday, Houchin did not want to allude to any strategies prosecutors may use in Zanchez's pending murder trial, although he did give some hints as to what may occur.

"We will have to attempt to use (Zanchez's) confession against her," said Houchin. "We will intend to call character witnesses to show that she had a live baby."

During a criminal, trial prosecutors have to establish corpus delicti, which is Latin for a "body of evidence," to prove that a crime was committed. In murder trials, this typically involves the body of a victim.

However, in Florida there have been "body-less" trials featuring circumstantial evidence, which have set precedence.

As of Thursday afternoon, there were no court dates set on the Highlands County Courthouse Web site for Zanchez in regards to the murder charge.

Zanchez has been held in jail since December after being charged with identity theft and unauthorized possession of an identification card. She is in the country illegally and allegedly provided the false documentation while seeking work.

Court records indicate that the public defenders office is providing her representation but it is not known who will represent Zanchez for her murder charge.

A. Russell Smith, a Jacksonville-based attorney and president of the Florida Association of Criminal Defense Lawyers, said that he could not comment on Zanchez's case until further information came out.

Smith did, however, say that prosecutors will have to prove that a newborn was delivered, whether it's through circumstantial evidence or direct evidence.

Smith went on to say that unlike an adult body-less murder case, with a newborn baby there is no evidence to suggest that a person existed. In a body-less case involving an adult, prosecutors have direct proof that a person was alive, through things like pictures and witness testimony.

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