Moira Akers was prosecuted and convicted of the murder of a newborn in 2022. She claims to have given birth to a stillborn baby in her home in Columbia, Maryland, in 2018.
Prosecutors doubted Akers’ story, using her online searches for abortion services and lack of prenatal care as evidence of ill intent. But it was a “forensic method” devised in the 17th century that proved key to Akers’ conviction.
The method, known as a “float test,” was designed to determine if a baby was stillborn or born alive by placing the lungs of a deceased fetus in water. If the lungs float, then they are aerated, meaning the baby was breathing and alive prior to their death.
In 2018, former Maryland chief medical examiner Dr. David Fowler signed the autopsy report that, using the float test as proof, determined that Akers’ baby died after Akers asphyxiated it. Fowler also testified in Akers’ trial. Prosecutors used Fowler’s testimony and autopsy report as evidence to convict Akers of second-degree murder in 2022.
SIDs isn’t a real diagnosis beyond “we can’t prove what killed this baby and people generally aren’t big fans of infant autopsies to find out it was a unknown heart defect or whatever”
It’s also only applied to babies older than a month, the implication being not to apply it to stillborns or infants that simply never had a chance. That’s just not what the label is for.