- Associated Press - Monday, June 15, 2015

UNIONTOWN, Pa. (AP) - The 3rd U.S. Circuit Court of Appeals won’t reconsider its ruling upholding a federal judge’s decision to toss a wrongful arrest lawsuit in the death of a newborn baby in June 2000.

Warren Bircher Sr. was acquitted in August 2010 of charges he killed and helped conceal the death of Sara Sue Hawk’s newborn daughter, dubbed “Baby Mary” by investigators.

Hawk, of North Union Township, pleaded guilty to third-degree murder and testified against Bircher.

Hawk testified that Bircher - who was her brother-in-law when the baby was born - fathered the child then killed the baby to conceal the affair.

Bircher, now 40, spent 19 months in jail before a Fayette County jury acquitted him in the death of the baby found wrapped in plastic bags inside a backpack in a Uniontown creek.

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