Bismarck Tribune - Bismarck News - Deegan pleads guilty in death

Deegan pleads guilty in death

Dec 11, 2007 - 08:57:29 CST

By JENNYMICHAEL
Bismarck Tribune

U.S. District Judge Daniel Hovland says he is uncomfortable handing down a sentence of eight to 10 years to a woman who has admitted leaving her infant son to die in her home in 1998.

Dana Deegan, 34, pleaded guilty to second-degree murder Monday morning at the federal courthouse in Bismarck. Under a plea agreement entered into court record on Nov. 30, prosecutors agreed to dismiss an indictment charging Deegan with first-degree murder and false statements.

Federal sentencing guidelines call for Deegan to receive a sentence of between eight years and one month and 10 years and one month in prison for the crime. There is no parole in the federal system, but the sentence could include up to five years of supervised probation following her release.

Hovland explained that 90 percent of sentences handed down by federal judges in the United States fall within sentencing guidelines. However, judges can depart upward or downward from the guidelines, he said.

"I'm not bound by what the parties may have agreed to in a plea agreement," he said. "I'm not comfortable with eight to 10 years based on the limited information Ihave now."

Hovland said he has looked back at other sentences he has handed down in second degree murder cases he has presided over.

"The sentences were not even close to that," he said, adding that if the crime were to have happened now, the sentence range would be 14 to 18 years.

Hovland also said that the plea agreement does not mention factors in the case that could be used to trigger sentence enhancements. The judge said he believes some may apply, such as an enhancement for the victim of the crime being a vulnerable individual.

Deegan's appointed defense attorney, Bill Schmidt, said the plea agreement also does not keep the defense from arguing that Hovland should depart downward from the recommended sentencing guidelines.

Hovland said he will inform the prosecution and the defense if he intends to give a sentence of longer than is recommended. If he hands down a sentence that is outside the guideline range, Deegan will have the opportunity to appeal.

A presentence report will be completed in the case before sentencing, which is slated for Feb. 25. At the recommendation of a federal probation officer who has been monitoring Deegan since her release from jail last spring, Hovland also ordered a psychological evaluation that will be used for sentencing and will be sealed.

According to court documents, Deegan has admitted to giving birth to a full-term baby boy at her mobile home in Mandaree on Oct. 20, 1998. She cleaned the child, fed him, dressed him and wrapped him in towels and blankets before taking her other children, ages 1, 2 and 5 years old at the time, to her mother's home in White Shield and leaving the newborn alone for approximately two weeks.

The child was dead when Deegan returned alone to her mobile home, which is on the Fort Berthold reservation, and she placed him in a suitcase and put the suitcase in a ditch 500 yards from her home, court documents say.

The suitcase and the child inside were found on Nov. 4, 1999, by a rancher repairing fences in the area. The child has been known as "Baby Doe" or "Baby Moses" since it was found. Community members paid for burial expenses for the child, since his identity and family were unknown at the time.

Assistant U.S. Attorney Clare Hochhalter, who is prosecuting the case, said Deegan may have to pay restitution to cover the amount of the burial.

"I know that there were costs associated with the burial of the child," he said.

Deegan was identified as the mother of the child in February by DNA tests. She said Monday no one knew she was pregnant with "Baby Moses," and her other children were unaware she had delivered and left the baby.

Under questioning from Hovland, Deegan said Shannon Hale, the father of her children, was not around the home much during her pregnancy.

"He was using drugs and wasn't home,"Deegan said. She said Hale had methamphetamine and alcohol addictions.

"My father was diagnosed with liver cancer and was also sick with cirrhosis," she continued.

Deegan said she never received prenatal care while pregnant with the baby, though she had for her first three children. She said she had a history of not knowing she was pregnant until late in a pregnancy.

Hovland asked Deegan if she had been overwhelmed by the stressors in her life around the time of the child's birth.

"Yes, sir,"she said, crying.

Deegan, dressed in a black leather jacket, black pants and black shoes, also cried as Hovland explained that he could give her a longer sentence than the one recommended. Her mother, Donna Deegan, and two other supporters showed little reaction throughout the hearing.

Deegan and her children have been living with her mother in White Shield since Deegan was released from jail following her May arrest for the murder. Hovland said he would allow that arrangement to continue, since Deegan has made contact, in person or by telephone, with a probation officer three times per week since her release.

Deegan said she is unemployed. She lost her job in the Three Affiliated Tribes' early childhood program as a result of the murder charge. Prior to working for the tribe, she worked in the Women, Infants and Children program in New Town.

Hochhalter deferred comment to U.S. Attorney Drew Wrigley. Wrigley, who was not present at Monday's hearing, issued a statement in the case, in which he commended the continued work of FBIagents over the years to solve the murder.

"Their work was first rate, and they refused to let this case go unsolved," he said.

"Dana Deegan has now pled guilty to the intentional murder of her baby boy," Wrigley said. "But Iwant to point out that, while she's pled guilty now, Dana Deegan has done everything that she could to avoid responsibility in this case dating all the way back to October of 1998.

"Baby Moses' life ended in the ravages of starvation and dehydration. But today, there's justice for that child, a child who was completely dependent upon the woman who chose to take his life," he continued. "It's absolutely gut wrenching."

The audio file below is of U.S. Attorney Drew Wrigley commenting on the case.

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Comments

A baby ghost cries wrote on Dec 27, 2007 6:12 PM:

" A man that lives a couple miles from the trailer heard that baby crying. He thought that it was a ghost. I guess he was right. Baby Moses will forever cry. Forever be hungry and lonely. "

ja reader wrote on Dec 16, 2007 10:50 PM:

" why did the prosecution agree to a plea agreement? isn't their job to get the most punishment? is it because it is on the reservation? no big deal, that poor baby, put the prosecutors in the situation of one of their baby's place. what would they feel? anger and the need to make one pay, and not accept reasons, other family members problems but the justice for the innocent baby and the fact of premeditated murder. "

Wow....... wrote on Dec 16, 2007 2:58 PM:

" I have 2 beautiful baby girls whom i am raising by myself. I am tired, overworked, stressed, underpaid and just downright overwhelmed with life and bills. But never NEVER EVER would I ever think of taking my daughters lives. Dana Deegan is the worse human being ever that has lived among the Indians here on Fort Berthold. Forget what she went thru. She needs no support. She only needs someone to "Wrap her in a onsie" and leave her to starve to death. Blaming it on someone else is just like her. The Judge needs to think......."Hmm did anyone hear Baby Moses crying himself to sleep laying in a soiled "onsie" and screaming in agony for his Mother" Give her life... "

susie wrote on Dec 12, 2007 1:41 AM:

" From what I read it did not seem like she had any remorse. Only, self pity and selfishness. How sad a child lay without food or water all alone and die slowly. She should be given life in prison. "

to my 2 cents wrote on Dec 12, 2007 12:35 AM:

" This doesn't only happen on Reservations...so a safe drop for babies should be implemented state wide. WAKE up! If you care so much...if any of you writting comments care so much do something positive to ensure this does not happen again... "

works in law enforcement wrote on Dec 11, 2007 6:33 PM:

" This woman needs to be put away, taking anyones life is wrong, let alone a newborn who can not defend itself. When are we as a society going to put a value on life that is fair and just?? Throw Deegan in a room and let her starve to death, it is what she did to that child, an eye for an eye. "

sad wrote on Dec 11, 2007 4:30 PM:

" A 24 year old woman with 3 children and a "partner" with drug addictions and a dying father. how terribly sad. i hope she has people in her life showing her compassion and love. "

My 2Cents wrote on Dec 11, 2007 4:28 PM:

" There should be a system in place on reservations where if parents are unable to care for their children they can take them to a shelter-no questions asked. This would not be a drop off daycare but something where services could be provided for both the parent(s) and child(ren) or even a hotline number. Just having this happen once is too much. "

Jenny Michael, Tribune reporter wrote on Dec 11, 2007 4:15 PM:

" To readers: Just to clear up any confusion, Judge Hovland has not sentenced Ms. Deegan. A plea agreement, based on federal sentencing guidelines, calls for Deegan to be sentenced to between about eight years and about 10 years in prison, but Hovland has the discretion to issue whatever sentence he wants. "

Folks wrote on Dec 11, 2007 4:12 PM:

" Ok, first of all, as the article says, Judges are somewhat bound to the sentencing guidelines. They can deviate and give a higher sentence, but they must have a reason for doing so. The anger should be directed to the prosecutor who agreed to this plea deal - though it is hard to know why he or she did offer a deal. There may well be evidence and facts we know nothing about. Also, how would you punish a father for the mother's decision? A criminal act has intent to commit it. The father likely had no idea she even did that. That would be like prosecuting every father of a criminal for simply having the child. "

i'm a mom wrote on Dec 11, 2007 3:25 PM:

" North Dakota needs some new judges, just not fair. Thou shall not kill, and for the mother very little reaction, for every action their is some reaction right, or maybe she was an accomplice, who knows, just specking. "

Tony wrote on Dec 11, 2007 2:31 PM:

" 8 to 10 years. Crazy. This was a murder, it should be life, with no chance of parole. Only in NDAK. "

Sick to My Stomach wrote on Dec 11, 2007 1:48 PM:

" I just cannot beleive this. My baby has colic so he cries a lot and I feel so bad because most of the time, there is nothing you can do to help. Just think of this poor newborn and how much he probably cried for just nourishment and love until he probably just cried himself to sleep and never woke up (and how many times did he wake up only to cry more?). I just can not imagine ever doing something like this to an infant. How is this second-degree murder and how can a couple of guys from Fargo get the same sentence for attempted murder of an adult that at least could try to defend himself (and obviously succeeded)? This is sick and wrong on so many levels..... "

WOW! wrote on Dec 11, 2007 12:58 PM:

" Native American do consider there children holy but at this day and age with all these drugs that make you coo-coo for coco puffs are to blame look what happened to all the rest of the children int he world. as lons as there is brain frying drug abuse the world wil come to an end "

To winnie wrote on Dec 11, 2007 12:49 PM:

" Come off it! your tryingt o stir things up with natives answer this are natives the only one doing this ot thier children? or are there other races? unless like i suspect you don't watch the news and has a say over everything. READ! "

winnie wrote on Dec 11, 2007 11:31 AM:

" the native people love the childern and say they are holy and sould be taken care of and i know all she had to do was give him to someone and he would have been given every thing a child could ever need or want and he would be alive today the baby had grandma's and grandpa's who would have loved him the baby had family.all this person had to do was to tell someone anyone to go pick the baby up and feed him love him take care of him all she had to do was call someone, tell someone why didn't she do that one thing????? Sounds like the father should be locked up along with her for like life with no food or water.... "

beep wrote on Dec 11, 2007 11:09 AM:

" This person needs to be locked up for life she killed a child. all she had to do was give him up to someone to love him and care for him. when I look at my grandson I think of baby moses, he would had been as old as my grandson at this age he would have been so full of wonder with a full life a head. how sad this mother took that life she was playing god now she should be lock up for life and then go to hell and burn forever.... "

Karma or Stones wrote on Dec 11, 2007 10:51 AM:

" Seems to me that it is easier for a judge to sentence a drunk driver or someone with driving under suspension without 'any' questionable concerns. Cut and dry sentences?!!! So when we are talking about murder, killing a baby, now it is questionable with concerns? I don't get it??!! I am not going to make any negative comments about individuals for a couple of reasons, 1) Karma and 2) If you have not sinned, then throw the first stone. Well I'm not a religious person but I do believe there has been a lot of negative comments in making a lot of judgements. They say put yourself in another's position, (well I would never or think I would ever do something like this to a child, a baby) but I would never want to see one of my own family members go to prison or judge harshly, no matter what they did, they pay the price more so within themselves I think. As society people, we are quick to judge harshly. But my concern is 'why' is it that judges can easily judge, sentence people in other occurances but fine their decissions difficult when it comes to murder? I don't get it? Not just this news story but many others that have been posted as well. "

mother of 3 wrote on Dec 11, 2007 9:39 AM:

" How can she say that no one knew including her other children. I have a 5 year olf and am pregnact not. He knew right away something was going on and I am 100% positive if he was in the house while I gave birth to a child, feed him and dressed him that my 5 year old would give notice to that. So in MY opinion these innocent children probably DID have to witness this horrible thing take place. Anywyas to the story to leave this innocent child of your own to lay there for 2 weeks no food, no water, no anything and to have no dang remorse or anything now for this long deserves life in prison. IF she did this to her OWN child think about what she can do to someone she doesn't know. This baby and these other kids lifes have already been ruined up until now I really hope they never have to risk being placed in this animals care any longer or ever again. LIFE IN PRISON is the sentece that would be giving to any man for doing this now it is time to lock this *mother* away for life. Maybe eventually she will figure out what she did. "

Native from LV NV wrote on Dec 11, 2007 9:38 AM:

" I absolutely agree that the father should be made responsible too. Just because he wasn't around the time of the birth doesn't make him innocent, he had a part of the development of the baby. The Justice System needs to make fathers responsible for all the wrong that is done to babies, not just the mothers. It takes two to make a baby. I am sorry for "baby Moses". "

Too Much wrote on Dec 11, 2007 9:02 AM:

" It sounds like the father should also share the blame for what happened to baby moses! May baby moses finally rest in peace! "

kansas girl wrote on Dec 11, 2007 8:49 AM:

" What a sad thing, when all she needed to do was give him up. Someone else could have enjoyed this child. How selfish!! "

Smert wrote on Dec 11, 2007 8:33 AM:

" I feel so sorry for this family. A mother of three; how do you choose to take ones life on purpose. This was a baby and couldn't defend, take care of itself. Give her 10 years this way she can't appeal it. Any longer and she'll appeal it and it'll take forever. "

Disgusted wrote on Dec 11, 2007 7:09 AM:

" I am so totally disgusted at the Bismarck Tribune. This one line, "Her mother, Donna Deegan, and two other supporters showed little reaction throughout the hearing.", is so totally uncalled for, I can't believe it was considered news. Shame on you, Bismarck Tribune. Why the sensationalistic reporting? This story is not about her mother or the other supporters. It is not about the reaction of others in the court room. Why drag others into this story. Your reporting of a little reaction from the mother and others does absolutely nothing for the story. Putting others in the limelight is nothing more than cruel-sensationalistic-cheap-shot-journalism. "

Fossilman wrote on Dec 11, 2007 6:04 AM:

" That Judge better step down then!!! That "THING" needs life in prison or death row!!! That baby starved and dehydrated for two weeks before it finally died!!!That is one sick woman!!! She also hid the child to rot away! That Judge better get his head on straight and give her life!!! "

reservation hottie wrote on Dec 11, 2007 5:45 AM:

" Oh my god!! This woman committed murder and she could only get 10 years for it? What is wrong with this justice system? She should be given a life sentence for what she has done. "

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