BATAVIA
Mother stays jailed; accused of trying to smother baby
Marcia Mitchell of Batavia was ordered to remain jailed without bail by City Judge Craig D. Hannah on Wednesday pending grand jury action on charges of attempted murder for allegedly trying to suffocate her infant daughter at Women and Children’s Hospital.
The judge noted that two psychologists who examined Mitchell, 27, under court order last month found her mentally fit to assist in her defense. Her attorney, Barry
S. Dolgoff, disputed the psychiatric findings but waived a felony hearing to challenge the case against her.
After Mitchell, the mother of two, told the judge she agreed with Dolgoff on the hearing waiver, the judge sent her back to jail pending grand jury action.
She has been jailed since hospital workers called police to report she had apparently tried to suffocate her 7-month-old daughter with a pillow early on the evening of May 30.
Mitchell reportedly was living with relatives and friends after her apartment on Bank Street in Batavia was ruined in an April 13 fire. According to police reports, she was staying in the hospital room of her ailing baby when the alleged incident occurred.
After Wednesday’s abbreviated court session, Dolgoff said Mitchell is “holding on emotionally but misses her children.”
Dolgoff refused to say why he took issue with the findings of the two court-assigned mental health experts who examined Mitchell. He said he has not yet decided whether he will have her testify before the grand jury.
Deputy District Attorney Rosanne Eimer Johnson said Mitchell’s children are living with foster families under court supervision. Johnson said the grand jury will consider the case within the next 45 days, but she declined to comment further.
