The trial of a woman charged with killing two of her newborn babies grounded to a halt Thursday afternoon.
Lawyers are arguing over the strategy used by Calgary police to obtain a statement from Meredith Borowiec.
The Calgary woman is also charged with attempted murder for allegedly throwing another infant into a dumpster, which will go to trial later this year.
Det. Christina Witt was asked to leave the courtroom after refusing to answer a question about discussions between police and the Crown a few days after the newborn was found in a dumpster by the father in October 2010.
The detective told the court those discussions are privileged and she had been told not to disclose any details because police will not waive its solicitor-client privilege.
The judge disagreed and ruled any information that has already been disclosed by police is no longer privileged, or protected, from being entered as evidence.
Police used 'trickery,' defence claims
The defence argues Witt and another officer violated Borowiec's rights when it obtained the statement at Foothills hospital just hours after her baby was rescued from the dumpster, saying police used "trickery" and other inappropriate tactics that led Borowiec to confess to the crime from her hospital bed.
The judge must decide whether the statement can be used as evidence.
She is currently on trial for second-degree murder charges in the death of two babies that prosecutors say were born to her in 2008 and 2009.
It is alleged both babies died shortly after they were born and their bodies were never recovered.
Prosecutors are trying to link the 2010 incident to Borowiec's current double murder trial as "similar fact evidence," which means giving the facts of prior actions of the accused for the purpose of proving the misconduct at issue.
Paramedic also testifies
A paramedic also testified that he found a woman "guarding herself" at the scene where a newborn was found in a dumpster in October 2010.
Mark Westby says Borowiec's vitals were "relatively stable," but she was "a little anxious" and had a towel or blanket around her waist.
On Wednesday, the court heard Boroweic tell police that she didn't know she was pregnant. She said she gave birth in bathroom and the baby ended up in the toilet.
Borowiec told police she cut the umbilical cord, wrapped the baby in a towel and two separate bags and then tossed it into a dumpster outside her house.
Westby says Borowiec told him she had one previous pregnancy, which ended in a miscarriage in 2009.