By Associated Press - Wednesday, October 29, 2014

CAMDEN, Ala. (AP) - A south Alabama judge has determined there isn’t enough evidence to charge a woman with capital murder in the death of her newborn baby who was found in a plastic storage bin.

Chastity Ballinger’s attorney, William Whatley, says probable cause was found to charge his client with abuse of a corpse, but not capital murder because authorities couldn’t prove the baby was alive when it was born.

Whatley says Ballinger had a history of prior miscarriages and stillborn births.

Authorities have accused Ballinger of wrapping the baby in plastic, putting it in a storage container and storing the container in a shed behind a home she moved to in Clarke County.

A Wilcox County grand jury will decide whether to indict Ballinger on the abuse of a corpse charge.

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