Fayette judge rules Adah man can be tried on homicide charge
A Fayette County judge ruled that there was sufficient evidence for an Adah man to head to trial for criminal homicide in the 2000 death of a newborn baby. Warren Bircher, 34, is also charged with concealing the death of a child and conspiracy in the death of a child who became known as “Baby Mary” when her body was discovered in a creek more than 10 years ago.
Bircher’s attorney, Jack W. Connor, argued earlier this year that there was not enough evidence to show that the baby was born alive.
Both Bircher and the child’s mother, Sarah Sue Hawk, 26, of Uniontown, were charged in the baby’s death. Hawk was charged in 2008 after state police were able to match her DNA to the baby’s.
Bircher was arrested in early 2009, after Hawk talked to police and another man told authorities that Bircher told him he was going to “get rid of” the baby. Bircher was married to Hawk’s sister in 2000, but suspected he might be the baby’s father because he was allegedly having an affair with Hawk.
During a suppression hearing before Judge John F. Wagner Jr., forensic pathologist Dr. Cyril H. Wecht testified that the baby, who was born around 33 weeks, died from either drowning or a combination of suffocation and exposure to environmental factors.
Wecht testified that he believes the manner of death is homicide.
With that testimony, Wagner indicated he believed there was enough evidence to let a jury decide the case.
Wagner also denied a request to change move the trial to another county because of the media attention the case has received. He indicated in the opinion that he would address that request again if it becomes an issue at the time of trial.
Jurors are questioned about whether they have read or heard about a case, and if they can be fair and impartial in judging the matter.
Hawk has pleaded guilty to third-degree murder in her daughter’s death, and will be sentenced at a later date. She is free on bond.
Bircher remains in the Fayette County Prison without bond.