GOLDEN — A jury began deliberations Monday after hearing a week of testimony in the trial of Cheri Kostur, 29, of Lakewood, who has been charged with child abuse resulting in death.
Kerra Kostur was born alive to Cheri on Jan. 21, 2007, in a toilet and died when no one pulled her out.
“She gave life to Kerra Kostur, and quickly took that life away,” prosecutor Natalie Judson told the jury in closing arguments.
Cheri Kostur had a spontaneous birth, said her attorney, Katherine Spengler. “She did what she could under the circumstances. She had no idea she was about to deliver that premature infant.”
Judson said Kostur made no attempt to resuscitate the baby. She cut the umbilical cord with child-size scissors and then threw the baby into the trash can in a tied plastic bag.
“At no time did she fight to get that baby out of the toilet,” Judson said.
Kostur then fell asleep in her bed. The baby’s body was pale and cool by the time paramedics arrived shortly after 6 a.m. A doctor who examined Cheri Kostur at the hospital later that morning said she told him she heard the baby cry, although she claimed later that wasn’t true.
Laura Porter testified that she was angry with her daughter about the baby’s death, saying she had lost another grandchild. Porter said Kostur replied: “Good, now I can hang out with my friends.”
Three other children born to Kostur are being cared for by paternal relatives.
Kostur got up to go to the bathroom about 4 a.m. when the birth occurred. When she looked down and saw the baby in the toilet, she was filled with “shock and fear,” Spengler said.
“This was an unexpected event with understandable responses, and there is an unwarranted, unjustified criminal prosecution,” Spengler said.
Abrasions on Kerra Kostur’s side, back and buttocks were noted in the autopsy report, with Judson noting that the pathologist testified they were made by a hard metal surface, scissors or possibly fingernails while the baby was still alive.
“There is no evidence that she harmed her child,” Spengler countered.
Ann Schrader: 303-278-3217 or aschrader@denverpost.com
