‘This case is about neglect’: Lawyers spar over woman accused of killing her newborns
Not once, but twice, Alyssa Dayvault gave birth at home and immediately threw the babies out like household trash, state prosecutors said.
“This case is about neglect. It’s about extreme indifference to human life,” said Josh Holford, senior assistant solicitor.
Prosecutors and defense attorneys laid out their views of Dayvault’s actions during opening statements for her trial. Dayvault faces life in prison on two counts of homicide by child abuse. The trial started in earnest Wednesday after some confusion in the jury selection process in the first two days.
A panel of seven men and seven women will decide her case.
Dayvault was not present for the first two days of trial in Horry County, South Carolina, and was again absent on Wednesday. Still, the trial continues and if she is found guilty, her sentence will be sealed and read once she is found.
In November 2017, Dayvault was pregnant and didn’t tell her boyfriend, parents or two other children, Holford said. She gave birth at home to a baby girl and threw the child in the trash.
Nobody was aware of her actions, and police and her family were unaware of the incident, Holford said.
“At this point, she got away with it,” Holford said.
About a year later, in December 2018, Dayvault again gave birth in her North Myrtle Beach home. She did not seek medical attention after the birth, Holford said. She also didn’t consider adoption, asking her family for help or leaving the child at a fire station.
“Instead of asking for help, she placed that baby boy in a trash bag and threw him out with the trash,” Holford said.
But, this afterbirth was different from the 2017 case, Holford said. Dayvault had an infection, which required her to go to the hospital. Doctors found a placenta and raised questions about a baby. Dayvault denied being pregnant and the police were called.
After rounds of questioning, Dayvault admitted to throwing the baby in the trash, Holford said. It was also during a police interview that Dayvault admitted to the 2017 incident, investigators said.
“The natural consequence is exactly what happened,” Holford said of the babies’ deaths without care.
However, defense attorney Sharde Crawford said the 2017 birth was unexpected. She added the state’s description of the case was only conjecture.
“It’s just that, it’s a theory,” Crawford said.
While admitting the evidence is emotional, Crawford asked the jury to listen to the facts and ask themselves if prosecutors proved how the children died.
As part of Wednesday’s testimony, the jury watched a video interview between police and Dayvault. As the questioning started, Dayvault denied being pregnant and stated she would have been excited if that was the case.
“I am all about my children, I’m very confused,” Dayvault said.
She talks about having blood clots and says she was told she had a miscarriage.
“I don’t know how to explain it to you. I would know if I had a baby,” Dayvault tells the investigators.
But minutes into the interview, Dayvault’s attitude changed and she cried uncontrollably. Most of the rest of the interview is hard to hear and understand, but Dayvault can be heard admitting to throwing her babies away.
“I was so scared, I don’t know,” Dayvault said. “I wasn’t thinking. I don’t have an explanation. I wasn’t thinking. I was too scared.”
Dayvault described how she was in the bathroom of her North Myrtle Beach home and gave birth. She talked about the process and cleaning up afterward. Police then ask her if she got rid of the baby because she “couldn’t handle it anymore?”
Dayvault nodded her head and said, “yes.”
This story was originally published October 14, 2020 at 11:00 AM.
