Suspect May Claim To Be Victim In Longmont Unborn Baby Cut From Womb Case
BOULDER, Colo. (CBS4) - Jury selection is set to begin in two days in the case of a woman accused of cutting out an unborn baby from a pregnant woman in Longmont.
Up to 300 potential jurors have been summoned in the Dynel Lane case. She's accused of attacking Michelle Wilkins, who survived the attack, but her unborn baby died.
Both sides of the case were back in the courtroom on Tuesday. There were more than 50 motions in the pretrial portion of the case, many over what evidence attorneys do and don't want said in court.
Prosecutors said they expect the defense will try to claim Wilkins was not the victim, but the attacker, and that Lane acted in self-defense. But Lane's attorneys so far haven't indicated in court whether that's the defense they'll argue.
It's a statement, and others made by Wilkins during her September interview with Dr. Phil, that defense attorneys are hoping to keep out of the trial against Lane.
Lane is accused of luring a then-pregnant Wilkins to her Longmont home last March pretending to be selling baby clothes and then cutting Wilkins' unborn baby from her body.
Defense attorneys argue Wilkins' words about motherhood may unfairly prejudice a jury that will be tasked with deciding whether Lane is guilty of attempted murder and other felony charges.
Prosecutors want a judge to keep testimony regarding Lane's life before the attack out of court, saying details about the death of Lane's toddler son are irrelevant to the case.
Ultimately the judge decided not to rule one way or the other until attorneys try to bring it up at trial.
District Attorney Stan Garnett successfully argued for the inclusion of nearly 100 photos of Wilkins and the crime scene, despite defense objections that they could prejudice a jury as well.
Earlier in pretrial proceedings the judge denied a defense request that the trial be moved out of Boulder County due to all of the media coverage.
Jury selection begins at 8:30 a.m. on Thursday with opening statements in the case planned for as early as Friday.
