newborn and Manuela, the photo album from the inspection of Manuela's mother's house, Manuela's medical records issued at the direction of the Hospital de San Francisco Gotera, and the statement of one of the police officers. 50 The judge found that this evidence proved that "the accused gave birth to a baby" and made it possible to "determine that the accused in question discarded her young child by throwing it into a septic pit,"51 indicating as well that the evidence "makes it possible to conclude it is likely that the accused has committed the crime of aggravated homicide of her newborn child (…)."52 72. On July 23, 2008, a psychiatric examination of the alleged victim was added to the case file in which she states that: (…) While I was pregnant, I fell and the child came, I was expecting him in April and the bad thing I did was I went to the bathroom and it fell in the pit, they picked me up and I was in bad condition, they took me to the hospital, and from there I don't remember anything, I don't remember what my family did there. This happened toward the end of February, like the 27th, they say I am guilty but God knows that's not true.53 73. On July 31, 2008, the public hearing in the process brought against Manuela was held. During the hearing, the doctor who conducted the autopsy of the newborn confirmed his report and added to it, stating that:54 (...) Visual examinations were conducted to verify if the lungs were expanded, as when a child breathes, the lung expands, meaning that the child was born alive because the lungs had expanded; likewise, hydrostatic tests were conducted, consisting of removing a lung, dividing it into quarters, and placing it in a container of water, and if it floats, it means there was air in the lung. In this case, the test was positive, meaning the child could have lived for approximately 10 to 15 minutes, as it was to term. (...) On being asked whether the child could have been expelled accidentally, he stated: that there is a possibility, but that the child would normally be hung from the umbilical cord, and the child could have been removed using the same cord, as the placenta detaches around 10 minutes after the child is birthed. Also, this was a case of a pregnancy to term with normal labor in which the child doesn't come out all at once but rather first a head and then the child must be turned so the shoulders can come out, and then wait for the hips. It would have been difficult for the child to have come out as quickly as described by the mother; that could be the case for a woman who has had 10 children where the newborn was small and weighed little. (...) Regarding the fact that the forensic medical examination states that the child had a clean cut at the bellybutton, while in his autopsy report, he states that the umbilical cord was torn, he says this could have happened because they may have first cut at the bellybutton and later torn it (…). (…) He also states that this case cannot be called a miscarriage because medically, a miscarriage is giving birth at no later than 20 weeks—that is, at five months or less it is considered a miscarriage, and in this case, it is a pregnancy that was carried to term for the full nine months (…) Annex 25. Criminal case file TS066/2008. Resolution of the Second Trial Court of San Francisco Gotera, Morazán, of July 7, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 106.1 and 107. 51 Annex 25. Criminal case file TS066/2008. Resolution of the Second Trial Court of San Francisco Gotera, Morazán, of July 7, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 107. 52 Annex 25. Criminal case file TS066/2008. Resolution of the Second Trial Court of San Francisco Gotera, Morazán, of July 7, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 107. 53 Annex 26. Criminal case file TS066/2008. Psychiatric examination of the Forensic Medical Institute of July 23, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 128. 54 Annex 27. Criminal case file TS066/2008. Judgment issued by the Criminal Trial Court of San Francisco Gotera, Department of Morazán, August 11, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 138.1-139.1. 50 12