Mother to face murder charge for infant's 'accidental' death
Feb. 28—WILKES-BARRE — The death certificate for 1-month old Avaya Jade Rasmus-Alberto list the cause of death as asphyxiation due to mechanical compression and the manner of death as accidental.
Despite the accidental death finding by a forensic pathologist, the infant's mother, Natalee Michele Rasmus, 19, will face charges of third-degree murder, involuntary manslaughter and child endangerment in Luzerne County Court.
District Judge Donald Whittaker of Nanticoke forwarded the criminal case against Rasmus to county court following a one-hour preliminary hearing Friday where assistant district attorneys Carly A. Levandoski and Julian Truskowski argued she disregarded safety sleeping practices for her baby.
Rasmus, of West Green Street, Nanticoke, was charged by the Pennsylvania State Police at Wilkes-Barre in December alleging she placed her baby face down in a bassinet to sleep against recommendations of medical personnel and pre-natal classes at Geisinger Wyoming Valley Medical Center.
Rasmus discovered her infant deceased the morning of Oct. 23, 2022, when she picked the baby up to bathe in preparation of a pediatrics appointment.
Trooper Caroline Rayeski testified Friday the infant was found in the bassinet slightly on her right side with one arm across the chest and the other arm down to the waist.
A Boppy pillow was also in the bassinet.
Rayeski said the investigation alleged Rasmus ignored safety sleeping practices for newborns as she placed her baby face down to sleep and the Boppy pillow has a tag warning, "Do not use for sleeping." Rayeski further testified a search of Rasmus' cellular phone uncovered Google searches if it was possible to lay a newborn on the stomach to sleep.
Levandoski and Truskowski produced the large Boppy pillow, commonly used to nurse newborns, and the bassinet during the hearing.
Rayeski also seized pre-natal literature from Geisinger for parents of newborns stating it is "recommended" to place newborns on their backs to sleep.
Chief Public Defender Joseph Yeager who, along with Public Defender Melissa Ann Sulima represent Rasmus, said the death of Avaya was a tragic accident with no criminal intent to harm or kill the baby.
Yeager said the pre-natal literature referring to newborn sleep positions are "recommendations," and not mandates.
"As the death certificate says, it was an accident. Clearly there was no malice in this accidental death," Yeager argued in an effort to have the entire case, especially the third-degree murder charge, dismissed.
Levandoski argued Rasmus "disregarded" instructions from the hospital not to place the infant face down to sleep.
"She knowingly disregarded those risks and created an unsafe environment for the baby to sleep," Levandoski argued.
Whittaker ruled Levandoski and Truskowski established a case against Rasmus and sent all the charges to county court.
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