SIOUX FALLS, S.D. (KELO.com) — Here is additional reporting on the Bentaas verdict.
A forty-year-old cold case in the death of a newborn baby concludes with a prison sentence of less than one year for manslaughter.
On February 28, 1981, then 19-year-old Theresa Bentaas gave birth to “Baby Andrew.”
While at first reported the baby died from exposure, Judge Brad Zell points to evidence that the child was either stillborn or lived for only a short time before being placed in a ditch on the east side of Sioux Falls.
In court, Judge Brad Zell said he knew the sentence he imposed on Bentaas would not satisfy the Bentaas family, the public, or the prosecution.
He says he has a duty to try to do justice.
Bentaas reports for prison on January 15.
(Story updated at 1:16 p.m. 12/2/21.)
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SIOUX FALLS, S.D. (KELO.com) — Judge Brad Zell sentenced Theresa Bentaas to 10 years in prison, with nine years suspended and credit for 73 days served, in the death of “Baby Andrew” in 1981.
Zell said it was inconclusive if the baby was still alive when Bentaas had just given birth and put the hours-old child wrapped in a blanket in a ditch near 33rd Street and Sycamore Avenue on February 28, 1981.
Bentaas, now 60, was 19 at the time.
A psychiatrist testified earlier Thursday that Bentaas suffered from “complete pregnancy denial syndrome” for both the birth of Andrew and the birth of her daughter Melissa five years later.
Zell also said Bentaas was not in need of rehabilitation as she had already raised two healthy, law-abiding children to adulthood.
He also said there was no need for deterence as, in his experience, it doesn’t work, and because Bentaas was long past childbearing age.
As to punishment, Zell said he understood the community’s passion about the death of a baby and the 40-year wait to find out what actually happened.
Zell ordered Bentaas to report to the Minnehaha County Jail for processing to the South Dakota Women’s Prison in Pierre on January 15, 2022.
(Story updated at 12:45 p.m., 12/2/21.)
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SIOUX FALLS, S.D. (KELO.com) — Circuit Court Judge Brad Zell has not yet pronounced a sentence on Theresa Bentaas.
Zell adjourned the hearing at 11:20 a.m. Thursday to consider the sentence.
The Court is scheduled to reconvene at noon.
Zell reminded the courtroom that he has the right to reject a plea deal.
The “Alford” plea, Bentaas has pleaded guilty to manslaughter in the death of her son, “Baby Andrew,” 40 years ago in Sioux Falls.
(Story updated at 11:30 a.m., 12/2/21)
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SIOUX FALLS, S.D. (KELO.com) — The sentencing hearing of Theresa Bentaas, who has taken a plea that she abandoned her newborn baby to die over 40 years ago began an hour ago and is continuing.
So far, the court has not pronounced a sentence, could be as much as life in prison without parole.
The detective who investigated the case for ten years, explained how authorities solved the cold case.
The state’s attorney has recommended a sentence of 40 years.
He says that would likely end up being a ten-year sentence when Bentaas is eligible for parole.
Bentaas is 60 years old.
As of 10:15 a.m. Thursday, a forensic psychiatrist is testifying. She says Bentaas suffered from “complete pregnancy denial.”
