Matt Mencarini

Lansing State Journal

LANSING - The birth and death of an Okemos woman's second baby can't be used by prosecutors during her murder trial in the death of her first baby, a judge ruled.

Prosecutors allege Melissa Mitin, 26, gave birth to a baby boy in December 2014 — while free on bond — and left him in a dumpster. It was a year after she gave birth to her first baby — a girl — who also died and about seven months after she was charged in that death.

Prosecutors filed a motion in January asking Ingham County Circuit Court Judge James Jamo to allow a jury to hear evidence about the second baby, which hasn't been found. In an opinion issued Friday, Jamo ruled the evidence relating to the second baby is inadmissible.

In criminal cases, a defendant’s actions not related to the charged offense can’t be brought up if their only purpose is to provide evidence of the accused’s character. To be admissible, they must do more, and judges have to consider whether admitting that sort of testimony will prejudice a jury.

"The danger of unfair prejudice of this type from the proposed other acts evidence related to the second pregnancy, delivery and presumed death of Baby Boy Mitin is extremely high, and outweighs even the strong probative value of using this evidence to show intent, plan, knowledge or absence of mistake or accident in relation to the death of Baby Girl Mitin," Jamo wrote in his opinion.

Lisa McCormick, chief assistant prosecuting attorney, said Jamo's ruling, which they won't appeal, won't have an impact on the case against Mitin.

"We're proceeding to trial on the case," she said. "We will honor the judge’s opinion and ruling. ... The evidence will speak for itself."

Mitin is charged with murder, first-degree child abuse and concealing the death of an infant, all stemming from the death of her first baby, who was born in December 2013. She was found competent to stand trial in February of last year.

Her trial is set for April 4 in Jamo's courtroom.

Frank Reynolds, Mitin's attorney, said he and his client were pleased with Jamo's opinion, and that he thinks it will shorten the trial.

"I thought the ruling was very thorough and I thought it was well done," he said.

Prosecutors allege Mitin gave birth to the girl and placed her face-down in a wastebasket while she and her family were staying at a friend’s home.

She was charged in that death in May 2014. Three months later, she was pregnant again, which was unknown to authorities handling the murder case. That pregnancy was revealed publicly during a hearing in January 2015 and her bond was revoked.

Details of how prosecutors allege Mitin gave birth and disposed of her second baby were revealed in a motion filed in January asking Jamo to admit the new evidence.

While in custody at the Ingham County jail, Mitin befriended Mariah Haughton, 18, who was awaiting trial on sex trafficking charges, prosecutors said in their motion.

Haughton pleaded guilty to human trafficking and transporting of a female for prostitution last year and was sentenced to four to 20 years in prison on both counts. Ingham County Prosecuting Attorney Stuart Dunnings III told the State Journal in January that Haughton didn't ask for a deal in exchange for her testimony.

Dunnings was arrested Monday and charged with 15 criminal charges, including one felony. At a news conference announcing the charges Monday, Attorney General Bill Schuette said Dunnings paid for sex hundreds of times over the past several years and used the power of his office to coerce one woman to be paid for sex.

The charges against Dunnings resulted from a year-long investigation by local authorities, who were tipped off by information obtained by the FBI in a federal human trafficking case in Lansing. It wasn't the same human trafficking case that led to charges against Haughton.

Mitin shared details of the first and second births with Haughton, prosecutors said in their motion, and told her she gave birth to a stillborn baby the week before Christmas 2014. Mitin then put the baby in a green bag she'd been given with a birthday present and left it in a dumpster at an Okemos gas station, according to the motion.

The motion included other details surrounding the second baby, like DNA evidence in Mitin's room, which is where prosecutors allege she gave birth, and a credit card used at the gas station where Haughton said Mitin told her she disposed of the body in a green bag.

Prosecutors haven't found the second baby and haven't charged Mitin in the child's death.

In February, Jamo granted a motion by prosecutors to add a first-degree child abuse charge against Mitin, who had previously been charged with murder and concealing the death of an infant.

She faces up to life in prison if convicted.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter@MattMencarini.

What's next

Melissa Mitin's trial is scheduled to begin April 4 in Ingham County Circuit Court. She's charged with murder, first-degree child abuse and concealing the death of an infant in the relation to the December 2014 death of her baby.