The woman accused of throwing her newborn child into a dumpster in West Boca Raton earlier this year is asking to have her confession thrown out.
Rafaelle Sousa was arrested in May, when her newborn baby girl was found inside a dumpster, according to the Palm Beach County Sheriff’s Office. She admitted to to delivering the infant, placing her in a bag, and then throwing her in the dumpster.
The 35-year-old Sousa also told authorities she went back twice in order to ensure the baby was dead, but did not approach the bag because there were people in the area. The girl was returned to her father’s custody in July.
Court documents show Sousa’s lawyers filed a motion to suppress her statements last Monday, claiming that her Miranda rights were not read to her properly because of a language barrier.
Sousa’s lawyers explain she is from Brazil and only communicates in Portuguese. They claim that detectives “failed to give a core warning under Miranda” to Sousa, and that she was not informed what she said could be used against her in court.
She has a hearing scheduled for December 19 at 3 p.m.