Mom who left newborn in nativity scene at New York church won't be charged

A mother who left her newborn baby in a Christmas manger inside a New York City church will not be prosecuted, according to authorities.

"After a full review of all the facts and circumstances surrounding the discovery of a newborn infant this past Monday in a crche inside of Holy Child Jesus Church in the Richmond Hill section of Queens County including locating and interviewing the mother my office has determined that no criminal prosecution of the child's mother is warranted," Queens District Attorney Richard Brown said in a statement Wednesday.

It was around 11:30 a.m. when a custodian at the church left the empty chapel to get lunch. When he returned shortly after 1 p.m., he heard a baby crying, but saw no one else around.

That's when the custodian turned to a nativity scene in the front of the church and saw a newborn baby laying in the manger.

"He had still his umbilical cord attached, so he was a newborn, just wrapped in a couple of towels," church secretary Paul Cerni told CBC Radio's As It Happens.

Cerni said the manger was empty, having just been set up that morning ahead of Advent Sunday. The baby was placed directly on the manger's wooden floor.

Emergency crews brought the newborn to a local hospital, where he was in good health, police said.

"He's a little small five pounds, two ounces and 17 inches long but he's healthy," said Cerni.

Mom felt baby 'would be found safely'

New York has a so-called safe haven law that says a newborn can be dropped off anonymously at a church, hospital, police or fire station without fear of prosecution. But the law, known as the Abandoned Infant Protection Act, requires that the child be left with someone or for authorities to be called immediately.

Police said that didn't happen in this case, which led investigators to begin searching for the mother.

In deciding not to bring charges, Brown said the mother followed the spirit of the Safe Haven law.

"It appears that the mother, in this case, felt her newborn child would be found safely in the church and chose to place the baby in the manger because it was the warmest place in the church, and further she returned the following morning to make certain that the baby had been found," Brown said.

Church hopes baby 'stays in the parish'

Asked about the congregation's reaction to news of the baby, Cerni said everybody just "wants to take care of him."

"We certainly hope that he stays in the parish; we feel he should be a member of the parish."

Some couples have expressed interest in adopting the boy, he told Carol Off in an interview.

"Life is a gift and sometimes it comes very unexpectedly ... We have to be generous and accepting whenever it does arrive," he said.