Infant remains too decomposed to reveal cause of death in storage locker case: forensics expert

Gruesome details emerged in a Winnipeg courtroom Monday after a pathologist who examined the remains of six infants found in a Winnipeg storage locker testified some appeared to be full-term births.

Pathologist Raymond Rivera told the court all the remains he examined had decomposed, and some were little more than bones.

He said it was impossible to determine the cause of death or whether the babies had been born alive.

Court heard umbilical cords were attached to at least two babies' remains, one was found liquefied in a plastic bag, another as a skeleton with no tissue, and another was encased in a concrete slab found in a bucket.

Winnipeg police charged Andrea Giesbrecht with concealing the remains after they were found by storage locker employees in October 2014.

Cause of death not determined

Rivera, a Winnipeg forensic pathologist, testified that two sets of remains belonged to boys at 40 and 38 weeks gestation, respectively, meaning full term. In both cases, he said he could not determine the cause of death.

The latter boy's remains were in a pail packed with white powder that was found inside the storage locker, court heard.

Another infant was determined to be between 35 and 39 weeks gestation, but Rivera said the remains provided him with very little other information. 

"As a result, I couldn't do any further examination because there was nothing left," he said.

Rivera said he could not tell if any of the infants were born alive or dead.

He told CBC this case is one of the oddest he's ever dealt with.

"Both with regards to [the] sheer number of autopsies I had to perform at the same time as well as the actual circumstances surrounding the case," Rivera said.

In court, Rivera provided the following details about the other remains:

Only skeletal remains were left of one infant, Rivera said, so he could not determine gender or cause of death.

• One infant was between 34 and 38 weeks gestation, meaning near or at full term, Rivera said. The remains were badly decomposed, he added, so he could not determine gender or cause of death.
• Rivera determined one set of remains belonged to a girl, but he could not say how she died.

Giesbrecht has pleaded not guilty to six counts of concealing bodies. Each charge carries a maximum sentence of two years. Giesbrecht is being tried in front of a judge alone in provincial court in Winnipeg.

• DNA links 6 infants found in locker to accused
• At least some infants whose remains found in locker likely born alive, court hears
• 'Something wasn't right,' says U-Haul worker who found infant remains

Husband expected to continue testifying

Court previously heard testimony from one of Giesbrecht's sons and her husband, Jeremy Giesbrecht, who both said they didn't notice she had been pregnant multiple times.

Jeremy Giesbrecht is expected to continue undergoing cross-examination this week, but it's not clear when he will testify or how much information he will divulge.

The trial was halted on July 21 after questions were raised about how much he was willing to disclose about conversations with his wife.

• Husband of Andrea Giesbrecht didn't notice pregnancies
• Giesbrecht trial halted as husband considers waiving spousal communication privilege
• After husband's public outburst, Andrea Giesbrecht's son testifies he never saw his mother pregnant

Under the Canada Evidence Act, spouses have the right not to disclose in their testimony any communications they've had with each other.

Jeremy Giesbrecht had told the Crown he would not waive his spousal communication privilege, but he later told court he would be prepared to waive it for some questions from the defence.

Giesbrecht then balked when he was advised that waiving his privilege would give the Crown an opportunity to ask him more questions afterwards.

Judge Murray Thompson, who is overseeing the trial, gave Giesbrecht time to seek advice from independent counsel regarding his spousal privileges before continuing his testimony.

But as the trial resumed on Monday, court heard that Jeremy Giesbrecht has had trouble finding a lawyer, so he still does not have one at this time. It remains to be seen if Giesbrecht will waive his spousal communication privilege.

• ON MOBILE? Follow our live blog of the trial here.