Lawyers defending a Calgary mom accused of murdering two of her infant children and attempting to kill a third are trying to get some key evidence thrown out of court.
Meredith Borowiec is on trial, charged with two counts of second degree murder and one count of attempted murder.
The defence claims that the video interviews, conducted in November 2011, were coerced by police, saying that during the interview, the officer would suggest a scenario and Borowiec would agree to it as fact.
On Tuesday, the sergeant who admitted the interview as evidence is being cross examined.
The judge still has to determine whether or not the evidence should be admissible.
Borowiec was originally charged in 2010, when a baby boy was found crying in a dumpster in northwest Calgary.
The baby survived and has been adopted.
Borowiec was found watching the scene shortly after the boy was found.
When interviewed in October of that year, she told police she had never been pregnant before and panicked when she put her newborn in the trash.
During videotaped interviews with police submitted on Monday, she admitted to giving birth in the winter of 2008 and again in 2009.
The detective asks if she smothered the babies before she put them in the trash.
But Borowiec said that she didn’t. “I didn’t want to hurt it, I don’t have violent tendencies.”
Then, inquiring on what she thought would happen when she put the babies into the garbage; she claimed she believed someone would help them.
She added that she didn’t even check to see if the babies were male or female.
Borowiec claimed that she didn’t want her boyfriend to find out she had a baby. “I wanted to fix everything. I didn’t want him to be upset with me.”
“I’m scared and I’m just so sorry. I am a terrible person,” she says in the video interview.
The tapes were played on Monday as the result of a voir dire, to determine their relevance to the trial.
The tapes are crucial to the Crown’s case. If they are tossed out, then the case against Borowiec is significantly weakened because the bodies of the two babies from 2008 and 2009 were never found.
There is no other forensic evidence of the babies.
The trial continues on Tuesday.
(With files from Elissa Carpenter)