Mitin case: Judge not allowing second baby’s death evidence in murder trial of first baby

LANSING, MI (WLNS) – There are new developments on a story 6 News has been following since the beginning involving Melissa Mitin, the woman from Okemos who’s charged with the death of her first child.

A judge has ruled that the death of her second child cannot be used as evidence against her in the murder trial she’s facing for the death of her first baby.

Prosecutors filed a motion back in January, requesting that Judge James Jamo allow evidence in the death of Melissa Mitin’s second baby boy, to be used in the trial for the death of her first baby girl.

That trial is just a couple of weeks away.

Jamo denied that motion, in an opinion he issued last Friday, meaning evidence involving the second child won’t be allowed in.

Prosecutors are claiming that Mitin gave birth to a baby boy in December of 2014, put him in a bag, and allegedly took him to a Meijer gas station, where she left him in a dumpster, all while out on bond for the death of her first baby girl, whom she gave birth to in December of 2013.

Six months after that child’s death, she was charged with murder, first degree child abuse, and concealing the death of an infant.

Prosecutors argue the circumstances surrounding the birth and death of Mitin’s baby girl in 2013, offers additional evidence to prove she had no intention to keep her newborn baby boy in 2014, even before she gave birth.

They say there’s a pattern with how both pregnancies ultimately ended up.

In his opinion and order, Judge Jamo said: “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.”

Chief Assistant Prosecutor for Ingham County, Lisa McCormick, says they will not be appealing the judge’s ruling, rather honor it, and the evidence prosecutors have against Mitin will speak for itself.

Mitin’s trial is scheduled to start on April 4, 2016.

She faces up to life in prison if convicted.

Stay with 6 News for continuing coverage as the trial for this case draws near.

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