Mom who gave birth in restroom takes plea

Wagstaffe said Garratt offered Lockner a sentence of four years in state prison and said she would accept a pre-sentence report, a deal her defense attorney Jonathan McDougall accepted. Wagstaffe noted the deal reached Monday allows McDougall to make a case for probation or fewer years in prison when his client returns for sentencing May 3.

Lockner is said to have been working an evening shift at the fast-food restaurant when she made repeated trips to the restroom that evening, citing stomach pain. At around 10 p.m., her manager suggested she go home but, even after clocking out of her shift, Lockner stayed at the restaurant in the restroom, according to prosecutors.

One employee who checked on Lockner saw blood surrounding the stall. When a second employee checked on her, she looked over Lockner’s stall and saw her holding the baby face down in the toilet bowl. The employee said she heard the toilet flush when she stepped down and alerted police, despite Lockner’s request that she not alert authorities, according to prosecutors.

Though the child was without a pulse and not breathing when police arrived, he responded to emergency care at the hospital. Lockner is believed to have told police at the scene she didn’t know she was pregnant and was surprised the baby was born, according to prosecutors.

McDougall has previously tried to have Lockner’s charges thrown out, even bringing to the stand a witness who could attest to a prior incident in which she was allegedly unaware she was pregnant and gave birth to her now 4-year-old child.

Lockner reportedly walked into the bathroom of her apartment while her boyfriend and aunt were there and came out with a newborn baby. None of the parties, including Lockner, were aware she was pregnant at the time, according to prosecutors.

Wagstaffe estimated Lockner, who has been in custody on $11 million bail since the incident, could serve a significant portion of her prison term by the time she is sentenced in May. Though he said he was disappointed the plea deal could not have come sooner, Wagstaffe said he was satisfied with the deal reached Monday.

“The outcome here is a reasonable one,” he said. “It does hold her accountable for the harm she tried to inflict on this baby.”

Wagstaffe noted the baby is reported to be healthy and living with his father’s aunt.

McDougall could not be immediately reached for comment Monday.