Did Heidi Anfinson murder her baby?

As her trial came to a close, Heidi Anfinson walked into court knowing a murder conviction meant she might never be a free woman again.

Hoda Kotb, Dateline correspondent: Were you at all trying to prepare yourself for that?

Mike Anfinson: I don’t think you can prepare yourself for that.

Heidi Anfinson: I could not conceive of the notion.

In closing arguments, defense attorney Bill Kutmus made it clear he was incensed at the tact the state had taken.

(court transcript) Bill Kutmus, defense attorney: They have publicly accused my client Heidi Anfinson with butchering her baby! With butchering this baby!

And the defense claimed if the prosecution and its experts were so certain a baby couldn’t have drowned in the infant tub, Kutmus suggested the jurors should do this:

(court transcript) Kutmus: Put your 15-day old baby in this tub with a little water in it, and ma’am and mother, I want you to turn your back and walk away for 5 minutes and don’t worry because John Sarcone and Mr. Baden said it’s impossible to drown in that tub. Would any of you do that? Of course not!

But the county attorney argued just as passionately that what Heidi did to her son in the lake was murder.

(court transcript) John Sarcone, Polk county attorney: He can’t struggle. He can’t grab her hand and say “Don’t do that, mom.” But here he is and there’s rock number one. But that isn’t heavy enough to hold him, so we go back and we get rock number two. This 18-plus pounder, and put it on him—that’s intentional, that’s deliberate. It satisfies everything we’re talking about.

Jurors had a number of options: a verdict of first-degree murder would mean life in prison with no parole, or murder in the second-degree, 50 years.

But the jury could also find Heidi guilty of manslaughter. And if they truly believed the baby’s death was an accident, involuntary manslaughter, for which the sentence could be just five years. Or they could find Heidi Anfinson not guilty and set her free.

The jury deliberates
The jury’s first vote revealed a panel deeply divided.

Sheila, juror: Involuntary manslaughter.

Doug, juror: Second-degree murder.

Patty, juror: Involuntary manslaughter.

Joann, juror: Not guilty.

Monica, juror: Involuntary manslaughter.

Most every juror was appalled by the lies Heidi Anfinson first told police, when she first said that she didn’t know where her son was. Or that her husband might have taken him.

Monica, juror: If this was an accident, and you were telling the truth, wouldn’t the story be the same from the beginning to the end?

But at least one juror could understand the lies, the fear, and the panic.

Joann, juror: I think it was an accident to begin with, and she fell apart when she found him in the sink.

Kotb: What kind of person walks away from her baby while the baby is in the bath water?

Joann, juror: It happens.

There were several mothers on the jury and they had doubts about the defense claims. And those gashes on the baby’s head.

Juror: I am thinking “I don’t think the eagle did this, but I can bring myself to think that a mother would that. Actually stab a child.”

Slowly, some votes began to change. One juror who began by voting for involuntary manslaughter soon came to a different conclusion. 

Juror: It’s possible that she was even thinking “Mike is gone. I am stuck here with this baby again. He’s fussy again. I am going to go out and take a break.” And to me, there was malice in that because you don’t leave a tiny baby in a sink.

Kotb: But do you charge someone who does that with murder?

Juror: Yes.

Day one passed, with no word from the jury. Day two: again, not a word.

Then, on day three, a call came to return to the courtroom. There was something unexpected in a note from the jury.

The note said “We feel we cannot come to a unanimous decision.”

The judge sent a note back to the jury that they should be encouraged to continue to deliberate.

The jury went back to work.

Monica, juror: I think a lot of us went home at night crying and praying and not sleeping. It was really a heavy burden.

The next day, day four, the judge again called everyone to the courtroom.

Heidi Anfinson: We thought it was just gonna be like the day before or something.

The jurors were again having trouble. The deadlock would not be broken.

A mistrial

Heidi Anfinson: I felt like a rag doll. I was numb. It was the last thing I expected.

Mike Anfinson: I thought it meant that she was free—that was reasonable doubt. I thought that it was over.

But it was not.

Only later, as Heidi Anfinson left the courthouse in tears, would it be learned the jury was deadlocked 11 to one. 11 votes were for second degree murder, 11 jurors believed Heidi killed Jacob intentionally, but that it was not pre-meditated.

Only one woman believed it was an accident, and voted for involuntary manslaughter. 

Kotb: Being the one against the 11, what was it like through your eyes?

Joann, juror: Well, let’s put it this way: we weren’t there to make friends.

Kotb: When you found out Heidi there were 11 jurors who voted guilty of second degree murder, what did you think? You came very, very close to being locked up for a long time?

Heidi Anfinson: I don’t like the word "freak out" but it frightened me.

Less than five months later, Heidi Anfinson would again be facing a jury. And in her second trial, there would be a verdict.

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