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Plea agreement reached in midwife case

by ANNISA KEITH
Staff Writer | October 8, 2021 1:00 AM

SANDPOINT — A plea agreement has been reached in a criminal case stemming from the death of a newborn in January.

Denise E. Midstokke, 64, agreed to enter an Alford plea in exchange for an amended charge of practicing medicine without a license as a part of the Rule 11 agreement.

Under an Alford plea, the defendant acknowledges that there is enough evidence to result in a conviction, but they maintain that they are innocent.

Under a Rule 11 plea agreement, both the prosecution and defense agree on a potential sentence they will bring before a judge. If the judge chooses not to follow the terms of the agreement, the defense can take back their guilty plea.

Midstokke was originally facing a charge of involuntary manslaughter, and a charge of evidence destruction for the death of a newborn on Jan. 26.

A sealed affidavit alleges that Midstokke acted negligently while working as a midwife. Specific details can be found in an article by KREM 2, a news partner of the Daily Bee. According to autopsy results on January 29, the newborn died of intrauterine pneumonia. The infection was potentially caused by a device Midstokke used to induce labor at 37 and a half weeks into the pregnancy, according to court documents.

A criminal complaint against Midstokke outlines that she “willfully and wantonly fail[ed] to provide proper medical care while performing midwifery services.”

Prior charges of involuntary manslaughter and evidence destruction could result in a life sentence with a $50,000 fine. A new charge reached in the plea deal is a charge of practicing medicine without a license, which carries a maximum sentence of 5 years incarceration and a $10,000 fine.

If the judge chooses to follow the plea deal, Midstokke will have to leave the profession and agree to not seek a new license.

Other conditions of the plea agreement ask the court to withhold judgement.

In the state of Idaho, withholding judgement in a criminal case involves the court never entering an order of conviction — meaning that the defendant is not formally found guilty.

Further conditions of the agreement would have Midstokke pay a $5,000 fine and be willing to pay restitution to the newborn’s family.

If the court agrees to follow the plea agreement, Midstokke will have to waive her rights to appeal or argue for a lesser sentence, also known as a Rule 35 motion. Instead of serving jail time, Midstokke’s punishment would have her serve five years of probation and 180 days in local jail, only 30 days of which need to be served in a detention facility.

Midstokke surrendered her practicing license on May 30, and her passport on June 4 upon posting a $50,000 bond. Sentencing in front of First District Judge Lamont Berecz will be Dec. 7.