Utah mom who tossed newborn in trash undergoing more tests before judge determines competency

Posted at 10:54 AM, Sep 21, 2015
and last updated 2015-09-21 14:16:49-04

KEARNS, Utah - The case for a mother who put her newborn baby in a trashcan has been continued again.

The judge said Alicia Englert will have another competency review.

She appeared in court Monday but the judge has yet to decide if she is competent to stand trial.

The issue is Englert's mental health, or lack there of, and it continues to be the center of the proceedings.

The judge was expected to determine if she wants to continue with the case or dismiss it but that didn't happen Monday.

Back in February a judge ruled an IQ test showed Englert may have an intellectual disability.

Englert was initially ruled incompetent to stand trial for dumping her newborn in the neighbor's trash back on Aug. 4.

Since then there have been competency restoration efforts.

The judge wants that to continue and said she wants specific testing completed and ready for review in 90 days.

Her parents claim she has diminished capacity, that she is basically on par with a 10-year-old child.

They said that even though she had a job and active social life, Englert did not know what she was doing or understand the consequences of her actions.

Her parents said they think the case should be dismissed.

However, if her competency is restored and she is deemed fit to stand trial, she could be looking at an attempted murder charge and possible prison time.

Englert is due back in court Dec. 21 and the stakes are high.