A police officer stated that the baby thrown into a dumpster in Portocristo "was still moving."
The officer told the jury that the baby was having "spasms and moving a crib" when it was found. The retrial was called off after the first one was declared a mistrial due to doubts about an expert witness's qualifications.
A National Police officer who responded to the call baby found in a container in Portocristo (Manacor) In November 2023, he assured this Monday in the judgment The witness testified that the baby was still moving when they found her. "She was having some spasms and moving. She was moving a little. Her crib was moving," he stated during his testimony before the jury at the Provincial Court of the Balearic Islands. The witness explained that when he and his partner arrived at the scene, the baby had already been located by local police officers, who had responded to the call first. According to his account, the baby was inside a box in the municipal police vehicle. His partner, who also testified during the session, corroborated this version and confirmed that the baby was showing some movement at that time. After the discovery, the local police officers took the baby to the hospital, while the national police secured the area. A sub-inspector from the National Police who participated in the investigation and the wiretaps of the baby's mother also testified during the session. According to what she explained, in a conversation with another person, the woman stated that she "I would have buried her so that no one would find out"During the questioning, the recording of the call a neighbor made to 112 on the day of the events was also played. The woman explained to the operator that she had heard a woman crying in a car and had seen a man throw something into a dumpster. "I don't know if it's a baby or a dead animal. I think I saw a baby," she told the emergency operator at the time. Second jury trial
He second trial with a jury The trial for the death of the baby thrown into a dumpster in Portocristo in 2023 began this Friday at the Provincial Court of the Balearic Islands with the selection of a new jury. The proceedings restarted after the first trial, which took place at the end of October 2025, had to be annulled before its conclusion due to doubts about the competence of an expert witness who had testified at the request of the defense. The judge ruled that the only evidence presented by the defense—the expert's report, which maintained that the baby had died as a result of an abortion—could not be considered valid, because the law requires that this type of report be prepared by officially qualified professionals. For this reason, the trial was annulled, since continuing it without this evidence would have violated the right to a defense and the principle of equality of arms. Life imprisonment with review
The baby's mother and her uncle are back in the dock, facing life imprisonment with the possibility of parole as the alleged perpetrators of murder. The mother's sister-in-law is also accused and faces a fine of €5,400 for allegedly failing to provide assistance. According to the prosecution's indictment, the events occurred on November 3, 2023. The woman, 26 or 27 weeks pregnant, became ill inside a vehicle in which she was traveling with the other two defendants. After giving birth, and despite being near a hospital, the mother allegedly handed the baby to the man to throw in a nearby dumpster, after which the three of them left the scene. During the first trial, the prosecutor argued that the baby "was born alive and arrived warm at the hospital," where she was taken after being rescued from the dumpster. "The baby was killed because she was thrown into the dumpster and abandoned," she stated in her initial report. The defense, however, maintains that there was no intention to kill the child. The mother's lawyer acknowledged that what happened was "atrocious," but argued that the woman "is not a murderer." The uncle's defense, for its part, maintains that the man did not know his sister-in-law was pregnant, nor that he was throwing a baby into the dumpster.