Defense lawyer in ‘Baby India’ case speaks out after mother denied bond

ATLANTA, Ga. (Atlanta News First) - A defense lawyer says mental health played a role in the case of Karima Jiwani, the mother accused of abandoning her newborn daughter on the side of a road just hours after birth in 2019.

The district attorney, in this case, has previously said she disagrees with that claim.

In June 2019, deputies found a baby wrapped in a plastic bag along a wooded strip of land near Daves Creek Road in Cumming. The bag with the infant, who is being called “Baby India,” appeared to have been dumped on top of a pile of leaves and sticks.

“She’s lived a pretty normal life up until this unfortunate alleged incident,” said Criminal Defense Lawyer E. Jay Abt.

His client Karima Jiwani is accused of leaving her newborn daughter tied in a plastic bag in the woods just hours after birth.

Jiwani faces a criminal attempt to commit murder among other charges.

“If you’re asking me if I think that attempted murder is the appropriate charge here, no I don’t think that it takes into account a lot of the really obvious issues that deal with mental health,” Abt said.

Several days ago, during Jiwani’s first court appearance, Bell-Forsyth Judicial Circuit District Attorney Penny Penn refuted the claim that mental health and postpartum depression were at play.

“At this time there is no evidence to suggest that the defendant was suffering from any kind of psychosis and postpartum depression and by its very name, it’s definition, implies that it takes place after,” Penn said at the court hearing.

Atlanta News First asked Abt if there was any evidence to support the mental health claims.

“I’ll generally say yes, we do but I am not going to go into specifics at this time,” Abt said. “We want to do that in court because that is the professional and ethical thing to do.”

Georgia has Safe Haven laws in place to protect a baby from harm, and protect a parent from prosecution, if they feel like they have no other choice.

The safe place for newborns act went into effect in 2002.

Under the law, the parent can leave a baby in the care of someone at a fire station, police station, or medical facility.

During Jiwani’s first court appearance, Penn said that was not the case for Baby India.

“It was not someone’s backyard, it was on the side of the road,” said Penn. “There was no indication that this child was left for anyone else to find.”

Atlanta News First asked Jiwani’s legal team about the mother’s intent and how the newborn was found.

“She will be presumed innocent in court, and we’ll have our day in court where we look forward to presenting our defense,” said Abt.

The Forsyth County Sheriff says Baby India is happy and healthy today.

Other than her arrest, Jiwani, 40, has no known criminal record.

Jiwani faces criminal attempt to commit murder, cruelty to children in the first degree, aggravated assault, and reckless abandonment charges in connection to the 2019 incident. She is being held without bond in the Forsyth County Jail.

Atlanta News First reached out to Bell-Forsyth Judicial Circuit District Attorney Penny Penn on Monday for a comment about the mental health claims.

She sent us the following statement via email: