September 27, 2011
By Jeff Skrzypek
EUGENE, Ore. — Attorneys of a Springfield mother accused of killing her newborn baby are claiming she was never actually pregnant.
As Angelica Swartout continues to be held at the Lane County Jail for allegedly killing her son Lucious, her lawyers have filed a motion that disputes she was ever pregnant in the first place and that investigators have no proof of a live birth.
They claim there is “no blood evidence in the motel where the state alleges the birth took place.”
And they say investigators failed to conduct anything beyond a basic investigation, so the burden of a lack of evidence falls on the state.
They also say when Swartout told her family she was pregnant, she received love and focused attention for the first time in her life. And due to family dynamics, she didn’t know any other way to avoid admitting that she had had a still birth.
“She has some 60 something adopted brothers and sisters, and there’s a special place for pregnant mothers and babies in that family,” said Gordon Mallon, Swartout’s lawyer.
“The claim that she didn’t receive the love and attention of our family and that was the first taste of it she got is completely fabricated,” said Jewel Sward, Swartout’s sister.
Sward says she has no doubt her sister was pregnant, saying she felt and saw baby Lucious moving before he was born.
Swartout’s lawyer though argues that people can often fake a pregnancy by pushing their stomach out.