The Manitoba Court of Appeal will hear arguments on Wednesday morning why it should throw out a Winnipeg woman who was found guilty of concealing the remains of six infants in a storage cabinet.
Andrea Giesbrecht was sentenced to 8 ½ years in July 2017. With the time already served, Giesbrecht, 44, is expected to spend another six years and five months in prison.
Her lawyer Greg Brodsky said Tuesday that he plans to present 41 reasons to appeal both her convictions and her subsequent sentence, which he calls "hard and excessive".
Giesbrecht's appeal to a panel of judges is scheduled to start at. 9:30 CST at Law Courts Building in Winnipeg.
CBC will stream the consultation live online, starting at. 9:30 CST.
The six infants remain which medical experts who witnessed or near the full term were found by employees in a U-Haul storage facility Giesbrecht, rented in 2014 after she could not cope with her payments.
Brodsky claims that Giesbrecht never received a presumption of innocence from her trial judge or police and was convicted as if the infants lived at birth.
At what time the infants died and what caused their death, it could not be decided during the trial because the remnants were too poorly decomposed.
"She can not be judged and judged as if she is a murderer, she can not be judged as if she did not receive medical help or help for birth. She can not be judged and convicted of anything else than what she is convicted of, which conceals the products from conception, "said Brodsky.
"By providing coherent sentences [Judge Murray Thompson] presumed they were live born, "said Brodsky.
"In Thompson's decision, the judge declares that in order to be found guilty of disposing of the child's body, the crown must only show that the infant was probably born alive.
Referring to birth statistics and forensic analysis presented during the trial, Thompson said that he was pleased, each of the six infants was probably born alive.
In the case, Thompson said that each of the six infants represented six separate offenses, and Giesbrecht's moral responsibility rose after the first crime. He sentenced her to six months for the first infant, one year for the second and two years for each of the four other infants who found a total of 9½ years.
The verdict was later reduced by one year.
"Looked at disgust"
If her conviction stands, Brodsky will argue Wednesday. Giesbrecht should be allowed to return to society for trial so that she can resume voluntary work for Winnipeg charities, including the Siloam Mission.
"She does not want to go to jail for what she did," said Brodsky.
"She thought they were still born, she has two children right now. We do not want their lives to be overlooked because of what happens to their mother."
Brodsky said that his client has learned from her experience, even though she did and continues to wish that the six infants remain "rescued".
"She knows what she was doing is being looked at by disgust and she should have got a doctor and she would in the future."
Brodsky filed the appeal in the fall of 2017. He also sought a bail for his client while waiting for the hearing, but was rejected in April 2018.
At that time, the Court of Appeal Justice Michel Monnin said that the case was unprecedented, and the "accused has been found guilty of a number of serious crimes."
In his decision, the court ruled Murray Thompson that he was convinced that Giesbrecht was the mother of all six infants.
Giesbrecht did not testify during her attempt and left many questions about the babies unanswered.