A Florida judge ruled last week that jurors will not see text messages about pregnancy termination, in the upcoming trial of former University of Tampa student Brianna Moore, accused of killing her newborn daughter.
On Wednesday, Hillsborough Circuit Judge Thomas Palermo rejected the prosecution’s request to show text message exchange between Moore and an unnamed, the Tampa Bay Times reports.
Moore allegedly sent the texts in September 2023, around seven months before giving birth in a bathroom inside her college dormitory.
-Male: “plan a was condoms…plan b was the pill. plan c was to kill (the) kid.”
-Moore: “plan c is my favorite”
While the prosecution argued that the messages proved intent to kill, the defense argued that Moore didn’t realize she was pregnant at the time when the pair had been having a hypothetical discussion.
Investigators later determined that Moore would have been around four weeks pregnant when the conversation took place. Prosecutors failed to establish proof that she knew she was pregnant at the time.
“The statement expresses a belief or preference — that (Moore’s) ‘favorite plan’ to address a pregnancy is to ‘kill the kid’ — and is offered to show that (she) acted in conformance with that stated belief,“ Palermo wrote.
”By its own terms, it is not tethered in any way to a specific pregnancy. It does not express a distinct plan or intent to take any specific action. It does not even express that (Moore) would consider this course of action if she ever became pregnant.”
Police arrested Moore in October 2024 on charges that include aggravated manslaughter of a child, child neglect, unlawfully moving a dead body and failure to report a death.
According to a release by the Tampa Police Department, the incident unfolded on April 28, 2024, after Moore’s roommates told safety employees that a miscarriage possibly took place on school grounds.
The day prior, Moore claimed that she had been bleeding from a heavy menstrual period. The roommates, however, told authorities that they heard a baby crying and later found the deceased infant wrapped inside a bloody towel.
When questioned by investigators, Moore initially denied being pregnant. She later admitted to giving birth in the bathroom and “holding the baby tightly to her body until she stopped crying,” FOX 13 Tampa Bay reports.
The Medical Examiner determined that the infant died from asphyxia, while an autopsy revealed that she had lung hemorrhaging and fractured ribs.
“It breaks my heart to know that this baby girl could still be alive today if this woman had alerted authorities that she needed help,” Hillsborough State Attorney Suzy Lopez stated in October 2024.
“Instead, she took actions that directly led to the death of her newborn baby.”
Under Florida’s Safe Havens Law, Ann. Stat. § 383.50, parents can drop off infants (age one month and under) at approved locations, including hospitals, fire stations, and EMS stations, without question.
Parents are not required to provide identification or any background information, and are exempt from civil or criminal liability.
Defense attorney Jonah Dickstein contended that Moore didn’t realize she was pregnant until she gave birth and that during a dissociative episode, panicked in the moment.
The prosecution argued that when Moore gave birth, she failed to take the baby to a 24/7 fire station, located across the street from the university. Tampa General Hospital is located roughly a few miles from the school.
The prosecution also argued that she deliberately hid the infant in a trash can and lied to roommates. They also pointed out that the infant’s death had been ruled a homicide after the defendant smothered her.
Moore remains behind bars at the Hillsborough County Jail while awaiting a November trial.
According to Tampa.gov, there are numerous resources available to expectant mothers who need assistance, including:
• The Crisis Center of Tampa Bay: Dial 211
• Florida Department of Health, Maternal & Child Health Section: 850.245.4047
• The National Safe Haven Alliance Hotline: 888.510.BABY (2229)
Check back for updates.
[Featured image via Hillsborough County Jail]
