On November 29 1998 Roy black and his wife IMA were collecting aluminum cans in dumpsters in the Southeast Texas City of Beaumont just 28 miles west of the Louisiana border while searching in a dumpster on Park and Florida streets next to an apartment complex Roy made a grim Discovery inside of a black plastic trash bag was the body of a newborn baby boy duct tape was placed over the baby’s mouth and his arms were secured across his chest with the same tape the bag was littered with fecal matter which covered the baby’s backside and

legs I’m alerted the police who responded to the scene the little boy was dubbed baby hope and it was later found that he had died from asphyxiation police were able to obtain a palm print from the trash bag and a fingerprint from the duct tape but since there was no match in the automatic fingerprint identification system baby Hope’s case soon went colds fast forward to June 6 2003 83 year old Andrew Durham was taking an early morning walk down hillebrandt Road located in Beaumont south of the city proper they are in a

roadside ditch he spotted a baby girl she was still alive and covered in fire ants the Venom from hundreds of fire ant stings were causing her seizures now if you’ve ever experienced a Sting from these guys you know even for an adult these can be intense but this was a little baby so this situation could easily be fatal this tiny baby girl required a blood transfusion and was hospitalized for nearly a month but luckily she pulled through and thanks to an anonymous tip the this little girl who survived such a horrific encounter

soon had a name and so did her mother the baby’s name was Paris and her mother Kenisha Berry Isha Berry was born December 26 1977. she was described by her family as a timid and weary youngster as a teenager she dropped out of high school and obtained her GED later becoming a prison guard in the city of Dayton located between the cities of Beaumont and Houston Texas supervisors of the Dayton prison noted that she was a hard worker but her attendance was lacking after being a no-call no-show on several occasions she

was fired after four months later she went on to work in food service and at a daycare center where she took care of toddlers the latter closing in 2003. on June 12 2003 six days after baby paris’s near fatal Discovery Kenisha walked into the Jefferson County Sheriff’s Office and told the deputies that she was her mother she also shared with them a tip that completely changed the course of their investigation Paris was initially wrapped in a pillowcase after abandoning her on the side of hellebrandt road she

threw away the pillowcase in a dumpster located at the Florida Park Apartments the same dumpster in which baby hope was found five years earlier deputies knew they had more than just an abandonment case on their hands they had finally cracked a Cold Case homicide BB versus the Jefferson County Sheriff’s Department brought this information to the attention of Officer John Bowles of the Beaumont Police Department together the two compared Canisius prints to those that were found on the trash bag and the duct tape in the baby hope case

the palm print on the trash bag matched Canisius right palm and the fingerprint on the duct tape matched Canisius left index finger DNA testing of baby hopes blood and oral swabs taken from Kenisha indicated a 99.98 probability that Kenisha was the little boy’s mother on June 27 2003 CPS worker Tracy radeau met with Kenisha who had been booked on the charges related to abandoning baby Paris on the side of the road Paris was taken into custody by CPS however Kenisha had a nine-year-old daughter named Jasmine a seven-year-old

daughter named Kirsten and a three-year-old son named joskin baby Paris was fathered by a man named Leonard carrier and the three older driving kids were fathered by a man named joskin love at the first jail meeting rodau and Kenisha discussed the removal of Jasmine Kirsten and joskin and the potential for a family placement doe met with Kenisha in jail again on July 10 2003 after the mother had been charged with capital homicide in the death of her son Malachi known to authorities as baby hope Rideau asked canisha if her family knew anything

about Malachi or other hidden pregnancies because their knowledge would affect the placement of her other kids Kenisha advised Rodeo that she knew how to hide a pregnancy and that her weight fluctuated a lot she insisted that her family had absolutely nothing to do with baby hope or what was going on Kenisha did not give riddle any details about the duct tape other than she acknowledged that she had duct tape lying around the house she did not confess that she had killed Malachi but stated that she had borrowed her

grandmother’s car placed the baby whom she claimed was already inside the trash bag in the trunk and transported him to a dumpster without anybody’s knowledge she insisted that her baby was not kicking moving or anything of that nature when she put him in the dumpster he should testified at trial that she did not kill her baby she knew that she was pregnant in 1998 but she did not know how far along she was the father of the baby was a man named Nicholas beard Kenisha did not tell her family or anyone else about her pregnancy she gave

birth at home by herself and named the baby Malachi he appeared to be healthy when he was born and she fed him milk from a bottle her other kids were with a relative at the time of his birth and when they returned home she explained that she was watching a friend’s baby his nose started running the next day and she went to the store that morning to buy more milk when she returned from the store he was still asleep on the bed in her bedroom Isha laid on the couch to watch television and later checked on him because she was concerned that he

had not yet awakened when she went into the bedroom Malachi was limp and was not moving or breathing she realized that he was dead but did not call for help because she was scared and did not know if it was against the law to give birth to a baby at home according to Kenisha she put duct tape over his arms because they were stiff and kept sticking out and she wanted them in front of him she also put duct tape over his mouth because it bothered her that his mouth was open she then left her apartment with Malachi in a bag and later placed

him in a dumpster prosecution questioned Kenisha and cross-examination regarding her infant daughter Paris she acknowledged that she hit her pregnancy with Paris but avoided answering questions about whether or not she had abandoned Paris on the side of the road while evidence of other crimes is not admissible to prove the character of a person it may be admissible for other purposes such as proof of motive the state argued that the subsequent hidden pregnancy in abandonment of Paris showed that Kenisha was keeping the children

fathered by joskin love and discarding the children fathered by other men thus demonstrating her motive and her intent to kill Malachi forensic pathologist Tommy Brown had performed the autopsy on Malachi and he estimated that he was two to five days old duct tape had been used to cover his mouth and to constrain his arms around his abdomen and he had been placed inside a plastic trash bag his stomach contained a milk-like product which indicated that he was fed before his death and there was fecal matter inside the plastic trash bag he had

petiki on the plural surfaces of his lungs which was consistent with oxygen deprivation the combination of being duct tape and covered with a plastic trash bag was also consistent with oxygen deprivation Brown observed no indication of an infection or sudden infant death syndrome he determined that Malachi died from asphyxia due to smothering and he ruled his death a homicide Brown was of the opinion that the baby was still alive when he was placed inside the plastic trash bag and that as he died there was a large

release of fecal material lividity of the anterior and posterior sides of the body led him to conclude that Malachi was lying on his stomach when he died and after he was discovered he was turned over and placed on his back for a short period of time the defense’s expert witness forensic pathologist Stephen poselnick testified that he reviewed Brown’s autopsy report which included photographs and microscopic slides that were taken at the autopsy he observed multiple areas of meconium aspiration in the microscopic slides of Malachi’s lungs

and he criticized Brown for failing to include the assessment of the microscopic slides in his autopsy report I’m the chief medical examiner for Fort Bend County which means that we are responsible for certifying the cause and manner of death of people who die under suspicious unnatural and unlawful circumstances ponium is the first stool of a newborn meconium aspiration syndrome occurs when a newborn breathes a mixture of meconium and amniotic fluid into the lungs around the time of delivery meconium aspiration syndrome

which can cause severe illness and death in the newborn occur in about five percent to ten percent of births it typically occurs when the fetus is stressed during labor especially when the baby is past its due date we believe that the baby released meconium from his bowels while experiencing fetal distress prior to birth which later caused significant pneumonia this would explain that Malachi was not only very sick but Sick Enough To Die he also observed petechia on the surface of Malachi’s lungs but stated this was non-specific finding and

should never be used as proof of anything he testified that the duct tape on Malachi’s mouth would not necessarily cause asphyxia because most babies are nose breathers however he acknowledged that the plastic trash bag could have caused asphyxia he did not think that the fecal matter inside of the plastic trash bag was indicative of the time of death because defecation could have occurred either at the time of death or after nor did he think that Malachi was struggling in the bag when the fecal matter was released because the feces

was confined to his buttocks his lower back and the back of his foot hustlenet could not specifically conclude what caused the death of baby Malachi he acknowledged the possibility of homicide nusfix but testified that the baby could have died naturally prior to being placed in the bag he had two good guesses as to why the baby died one is natural and one is homicide he testified that it’s just as likely that Malachi died of a natural cause as it is that he died of homicide another expert witness for the defense Carl hunt who was a

medical doctor specializing in Pediatrics and neonatology also reviewed the autopsy report in accompanying photographs he testified that the duct tape on the baby’s mouth would not have caused Suffocation as young babies prefer to breathe through their noses he believed that fecal material inside the plastic trash bag was insignificant because the release of fecal material could have occurred at any time he agreed that petechia and Malachi’s lungs could have developed due to oxygen deprivation but stated that petechia are not proof of

any particular mode of death and are very common in autopsies of young babies who die in unexplained situations hun could not reach a conclusion as to how or why this baby died until he spoke to posselnik who informed him that he had discovered the presence of meconium in the microscopic slides of Malachi’s lungs after Apostolic told him this hunt concluded that Malachi died of natural causes related to birth asphyxia and meconium aspiration syndrome in other words lung failure State recalled Brown after the testimony of pusel Nick and

Hunt Brown disagreed with possible next findings of pneumonia or infection he testified that he specifically looked at Malachi’s long story the autopsy he stated quote whenever I looked the lungs the alveolar spaces were open there were a few squamous cells which comes from the amniotic fluid within the alveolar spaces there was meconium that was described earlier it has a yellow brown pigment effect so I did not realize there was any of that within the lungs a pneumonia you have to have neutrophils which are white blood cells for

bacterial infection or you have lymphocytes which indicate a viral infection the baby had neither of those I cannot call this a pneumonia end quote Brown continued to believe that the cause of death was asphyxia due to smothering and a homicide the state presented evidence detailing Canisius abandonment of her infant daughter Paris nearly five years after the death of Malachi Androderm testified that he heard a baby crying as he was walking along hillebrandt Road in Jefferson County between 6 30 and 7 in the morning

on June 6 2003. he found Paris lying on her back in a ditch approximately 15 feet away from the road she was unclothed and she had fire ants all over her body germ alerted his wife who was a nurse and she took Paris to the hospital Harris had extensive ant bites and her eyes were swollen shut she needed a blood transfusion and experienced seizures in the hospital Tracy radeau testified that CPS was appointed as paris’s managing conservator and that she was later placed in foster care Verdo reported that Paris still had

scars from the ant bites on her face arms and stomach investigator Debbie beavers testified that Kenisha first told her that she wanted joskin love to take her to the hospital but he instead drove them out to hillebrandt Road and placed Paris on the ground when beavers informed her that joskin had an alibi she admitted that he was not involved beavers testified quote her biggest concern when she was crying the first time I talked to her was that she was worried about what everybody was going to think and what everybody would say

and how mad her mama was going to be at her for coming and talking to us end quote ridot testified that Canisius two oldest kids Jasmine and Kirsten had been in counseling since their mother had been jailed on Capital homicide Jasmine had been diagnosed with PTSD Rodeo testified that Jasmine had expressed fear and wondered why her mother had done this to Malachi in Paris and why she had not killed them the defense called canisha’s cousin aunt and mother they testified that Kenisha was shy and respectful growing up and a

loving and caring mother to Jasmine Kirsten and joskin they noted her behavior regarding Malachi and Paris was totally out of character tanisha’s cousin had reported that she had previously been employed at a fast food restaurant a prison and a daycare facility kenisha’s aunt and cousin confirmed that she had hidden all but one of her pregnancies from her family they said that kenisha’s kids loved her and that would negatively impact them if she received a death sentence the defense presented the testimony of Dr

Oni Fitzpatrick a developmental psychologist who had done a social study of canisha’s backgrounds he reported that she was shy and socially isolated growing up and was cooperative yet unmotivated at school she was a good worker when she was employed with the Texas Department of Corrections but eventually had to leave that job because of absenteeism Dr Fitzpatrick thought that Kenisha appeared to be clinically depressed a condition that could Cloud her judgment and affect her decision-making process Kenisha expressed love for her kids and denied

killing Malachi she told Fitzpatrick that when she first became pregnant she worried that she would disappoint her mother and grandmother because she had failed to live up to their expectations Fitzpatrick believed that there were mitigating circumstances in that Kenisha was under an extreme amount of pressure and her socio-cultural background did not promote reaching out to others for assistance defense also presented the testimony of psychiatrist Dr Edward Griffin who testified that Kenisha had been diagnosed with clinical depression

in jail and had been placed on antidepressants he suspected that she had been depressed for quite some time but had never sought treatment he testified that clinical depression could impair Canisius judgment in decision-making process Kenisha denied killing Malachi but expressed remorse for what had happened he told Gripen that she had abandoned Paris because she could not care for her and wanted to sever her relationship with paris’s Father Griffin thought that there was a low risk of future danger because the

incidents involving Malachi and Paris were so unique and that there was only a remote possibility that Kenisha would become pregnant in prison given those circumstances he saw little likelihood of Kenisha being a danger to society in the future finally the state called rebuttal witness Linda immense the former Warden of a woman’s prison who had been employed with the Texas Department of Criminal Justice for 23 years she testified that female prisoners had become pregnant because of male prison guards and other male staff

she acknowledged that the only way prison staff would know that somebody is pregnant is either that somebody tells them or they’re able to see that the person is pregnant any activity of that sort between an inmate and a member of prison staff is defined as essay as inmates cannot legally give consents this is a federal law on cross-examination by the defense a man testified that she had encountered over 3 000 female inmates in her years of employment at the Texas Department of Criminal Justice during that time she had been personally

aware of two inmates who had become pregnant and had heard about two or three others she acknowledged that there was an extremely low likelihood that a female inmate would become pregnant while in prison and that it was a possibility rather than a probability that such a situation would occur Anisha Aranda Berry was convicted of capital homicide on February 19 2004 and was initially sentenced to death please keep in mind this only pertains to the death of Malachi and not for abandoning Paris she was later re-sentenced to life in

prison on May 23 2007 and will not be eligible for possible parole until 40 years of her sentence Kenisha was finally held accountable for abandoning Paris on November 13 2007. she’s currently being held at the Christina Melton crane Unit in Gatesville Texas the same unit that houses Crystal via Nueva who you’ll remember from our previous episode on her case after Canisius conviction custody of her four surviving kids were given to her great Aunt Joyce Johnson and her husband Edward Johnson of Beaumont Texas as

you’ll remember from last week’s episode we covered Skylar Richardson who was ultimately found innocent on very similar charges as such we’ve got a lot to unpack here Skyler was a smart pretty cheerleader from Ohio that grew up in a white upper middle class background who was put on Trump for homicide after she buried her stillborn daughter in her family’s backyard after giving birth to her in a bathroom after prom jury found Skyler innocent on all charges except for abuse corpses they felt that the state failed

to meet their burden of proof felt investigators were pushing a false narrative and had rendered a false confession from a scared teenager in October of 2022 her remaining charge was sealed however Skyler has been found guilty in the court of public opinion even today we’ve heard from many folks who don’t believe that Justice was served at all and feel that the verdict would have been very different had Skyler not been a pretty white girl furthermore we had plenty of comments stating that they felt Skyler deserved

the death penalty regardless of whether she had a stillbirth or not Anisha grew up in Texas a state that alongside its neighbor of Oklahoma accounts for 45 percent of the total executions in the United States Texas is quick to send its mothers to both death and life in prison we’ve seen this previously even with women like Andrea Yates who face the death penalty and had to fight to be placed in a mental health facility one Stark difference is that Skyler attempted to Fashion together a makeshift grave for her daughter while

Kenisha threw her son in the garbage the other being that Skyler was a first-time offender and Kenisha already had charges pending for abandoning her daughter Paris and to address the elephant in the room the fact that Kenisha abandoned Paris is the biggest difference between Kenisha Berry and Skylar Richardson as we said earlier in this episode evidence of other crimes is not admissible to prove the character of a person but it may be admissible for proof of motive that word motive is key it would be understandable if someone theorized that

if somebody was willing to throw a live baby in a ditch full of fire ants that they might potentially be willing to put a live baby in a trash bag and then throw that bag in the dumpster on the show we’re all about fairness we feel like P people should be punished when they do something wrong especially to our most vulnerable but we need to be fair across the board or else laws are meaningless in kenisha’s case the state did not meet their burden of proof as to whether Malachi died of natural causes or of homicide as such do you think that