Judge sets $250K bond for Florida mom accused of letting infant die in toilet after birth

FLAGLER COUNTY, Fla. - The life of a newborn infant girl, who was born in a toilet on March 5, was cut short after prosecutors argue her mother left her to die. 

Flagler County State prosecutors argued to keep Anne Demegillo, 20, detained in jail throughout the duration of her case proceedings, saying she let her own flesh and blood die. 

The backstory:

Demegillo was charged with manslaughter after investigators say she allowed her daughter to drown and die in a toilet shortly after she was born. 

Flagler County deputies responded to a call received around 4 a.m., March 6 regarding a welfare check on Anne Mae Demegillo, 20, of Palm Coast. 

The caller said Demegillo sent her messages on social media saying she had been secretly pregnant and had given birth at home. The message to the caller indicated that Demegillo's baby was born alive and crying, but that Demegillo did something to the baby, the sheriff's office said. 

Demegillo told deputies she had given birth the day before – sometime after 2 a.m., March 5, when she first started experiencing abdominal pains and bleeding. 

Newborn baby died by drowning

Flagler County Sheriff Rick Staly said based on reports from a medical examiner, preliminary results show the baby died by drowning. 

The baby's nose was partly submerged in water, crying, while Demegillo cleaned up the blood in the bathroom, Flalger County Detective Shannon Smith – who interviewed Demegillo on the case – said in court on March 12. Based on information Demegillo said during an interview with Smith, Smith said after giving birth, Demegillo cleaned up blood in the bathroom – leaving the newborn in the toilet – to avoid her mother from finding out. 

Demegillo got the baby's body from the toilet after she stopped crying, no longer breathing and her body was limp, Smith said. 

When asked if Demegillo hoped this was the outcome, that the baby would die, Demegillo said, "A little bit," Smith said.  

Read more: Florida newborn baby born in toilet drowned; Mom cleaned bathroom while baby died, deputies say

Didn't know she was pregnant

Demegillo claimed she didn't know she was pregnant until she had given birth, deputies said. 

The baby girl was born weighing approximately 3 pounds and six ounces and was 18.7 inches long. She was about 30 to 36 weeks gestational age, the medical examiner determined, Smith said. 

"There was hemorrhaging on the head and the buttocks of the baby, which indicated that the baby was alive at the time of birth," Smith said. 

Deputies said the investigation shows no one else was aware she was pregnant. 

In an interview with Smith, Demegillo admitted to knowing she missed a couple periods and assumed she was pregnant, Smith said in court. 

She didn't want to face it. She was in denial, Smith said. 

Demegillo's attorney, Michael Politis argued Demegillo wasn't in the right state of mind after giving birth. 

"During the interview, she wasn't in reality," he said. "You could see she was a little off." 

"I don't know if I would agree with that," Smith said. 

On March 6, Flagler County Chief Deputy Joseph Barile described Demegillo as acting, "Oddly calm. … I watched some of the interview and I didn't see any remorse." 

What we know:

In Flagler County Court before Judge Dawn Nichols on March 12, State Prosecutor Andrew Urbanak argued for Demegillo to remain in jail, citing two concerns: concern about Demegillo's destruction of evidence and concern for the community. 

"The defendant has been arrested in this case for killing her newborn infant girl. This is a child who took her first and her last breath in the toilet bowl and her mother looked down on her hoping that she would die," Urbanak said. 

Urbanak said that the State was concerned about Demegillo's destruction of evidence – cleaning up blood, hiding the baby in the closet and burying the baby. He said there's concern she might try to hide more evidence. Charges against Demegillo regarding tampering with physical evidence haven't been filed this time, but Urbanak said the State intends to. 

Additionally, Urbanak questioned Demegillo's release into the community. 

"This is the level care this young woman shows to her own flesh and blood when she's the only person who can protect that child and save that child and give that child an opportunity to live," he said. 

‘An isolated episode’ 

Demegillo's attorney, Michael Politis, argued that Demegillo's doesn't have any prior convictions or any mental health history, calling this situation, "aberrant violent behavior." He said Demegillo's alleged recent actions don't prove she'll become a menace to society. 

Politis said Demegillo was initially on suicide watch before being released into general population in the jail. 

"I don't know how long she will survive," he said. "… It's not necessary to incarcerate her." 

Politis called this alleged incident "an isolated episode." 

"It is a horrific episode, but I ask that somehow she be released," Politis pleaded with Nichols. "Whatever it takes, I just need to get her out of the branch jail." 

Bond issued

Though Judge Nichols said there's a good probability Demegillo committed the offense she's accused of, Nichols decided to deny the state's motion for a pre-trial detention – issuing Demegillo a $250,000 bond. 

She said there's not any evidence showing Demegillo wouldn't appear in court and that her past actions – telling a friend about giving birth and showing deputies where the body was buried in a shallow grave – show she's not good at concealment and that she's cooperating with law enforcement. 

What's next:

In addition to the bond, 

• GPS monitoring
• She won't be released until her passport is surrendered
• No illegal drugs
• No contact with minors, especially relative minors
• No contact with witnesses, including the anonymous tipster who notified authorities
• Must attend pre-trial services
• Can not leave Flagler County

Crime and Public SafetyFlagler County