According to a press conference given in August 2017 by district attorney David P. Fornshell, Baby Jane Doe was born alive and the defendant killed her and buried the body. 

He alleged that Richardson burned the corpse with a lighter, though this is one of the many claims her defense attorney disputes. Rittgers says the doctor who suggested this in an initial report later recanted the claim, but prosecutors and detectives made no adjustment to their case against his client.

While Richardson admitted to trying to "cremate" the body during an interview with police, her attorney says she did this only after hours of questioning by investigators "broke her down." The defense says their case will establish reasonable doubt on all the charges, the severest of which is aggravated murder. Richardson also faces charges of child endangerment, evidence tampering, and "gross abuse of a corpse." She faces a potential life sentence if convicted.