Jurors convict mom of murder for burying baby alive

Narjes Modarresi, 32, stands with her attorney, George Parnham, at the opening of her capital murder trial at the Harris County Courthouse on Wednesday. Modarresi is charged with killing her baby son. Narjes Modarresi, 32, stands with her attorney, George Parnham, at the opening of her capital murder trial at the Harris County Courthouse on Wednesday. Modarresi is charged with killing her baby son. Photo: Brett Coomer, Staff Photo: Brett Coomer, Staff Image 1 of / 11 Caption Close Jurors convict mom of murder for burying baby alive 1 / 11 Back to Gallery

After Narjes Modarresi was convicted Thursday of capital murder for burying her 2-month-old son alive in 2010, her estranged husband, who is the father of her two children, was conflicted.

"If she's really sick, if she's really mentally ill, she shouldn't spend her life in prison," said Amir Golabbakhsh. "She's ill, but I don't know what kind of illness she might have. I don't know. But I know she's sick."

Golabbakhsh lost his second son, Masih, when his wife took the baby to Buffalo Bayou in a stroller, used a spoon to dig a shallow grave and buried the infant face-down on April 21, 2010.

Modarresi ran from the scene while calling 911. She told her family and the police that two men kidnapped the infant while she was walking him to a friend's home in west Houston.

After police confronted Modarresi, she eventually confessed and led them to the baby's body, which was buried in mud and covered with leaves, investigators said.

Even after four years, Golabbakhsh was unable to reconcile his son's death and the mental illness of the wife he is divorcing.

"I can't believe what she has done," he said.

The two had an arranged marriage in Iran. Golabbakhsh said he blamed her parents for keeping quiet about problems she had since she was 15.

Golabbakhsh has custody of the couple's other son, who is 7.

"Maybe we would have decided not to get married at all," he said. "Maybe none of this would have ever happened."

Plans to appeal

A dozen jurors were not as confused. They convicted Modarresi of capital murder after two hours of deliberating. Defense attorneys had argued that they should find her guilty of a lesser offense of felony murder or injury to a child.

The 32-year-old defendant, in a black suit and white shirt, did not react to the verdict or when state District Judge Maria Jackson sentenced her automatically to life in prison.

"We were disappointed but not surprised," said George Parnham, her attorney. He said he plans to appeal the conviction.

Because Modarresi was sentenced automatically, Parnham said, the U.S. Supreme Court may take up this case, or one that is similar, and rule against automatic sentences.

Required intent to kill

On Thursday, he was unable to convince jurors that Modarresi did not have the required intent to kill because she suffers from bipolar disorder.

"This is not an insanity defense," Parnham said. "But if you've got a reasonable doubt about 'specific intent' then you have to resolve that in favor of Narjes Modarresi and vote not guilty."

Prosecutors seized on the complexity of Modaressi's plan to argue that she had the specific intent to kill.

"She thought about it, she planned it, she did it and then she lied about it," said Assistant District Attorney Donna Logan. "Having bipolar disease is not a free pass to commit murder."

Prosecutor Sunni Mitchell echoed the sentiment.

"There are people who commit crimes because of mental illness," she said, "and there are people who commit crimes and have mental illness."