Court overturns early release decision for woman convicted of killing her baby
On Wednesday, Tallinn Circuit Court overturned an earlier ruling by Harju County Court to release Kairi Kuusemaa, who was convicted of killing her newborn, on parole before the end of her sentence.
The Circuit Court issued a new ruling, meaning Kairi Kuusemaa will remain in prison without parole.
The Circuit Court found that the County Court had made an error of judgment, which led to an unjustified decision.
In the view of the Circuit Court, the County Court overestimated Kairi Kuusemaa's good behavior in prison, the sincerity of her remorse and the circumstances awaiting her upon release.
The circumstances of Kuusemaa's offense, the personality of the offender and the failure to address problems related to high-risk behavior were also not sufficiently taken into account in the County Court's verdict, according to the Circuit Court's new ruling.
The circuit court noted that the stable living and working situation and supportive relatives awaiting Kuusemaa upon release do not preclude high-risk behavior, as the same conditions existed at the time the crime was committed. Additionally, her attitude toward work and the support of her relatives has been problematic.
The Circuit Court agreed with the Prosecutor's Office that the County Court had failed to take into account the circumstances related to the crime and the person convicted.
Since Kairi Kuusemaa has not participated in the enforcement plan (except for employment) and there has been no change in her attitude and behavior, the objectives of the punishment cannot be considered fulfilled and the risk of a new crime cannot be considered non-existent, the court noted.
In November, Harju County Court ruled that Kuusemaa would remain on probation until December 9, 2027. For the first two years, she would have been required to live at a court-approved address, report regularly to a probation officer and seek prior permission before leaving Estonia or changing her residence, work or study.
The earlier court order also required Kuusemaa to start working or register with the Estonian Unemployment Insurance Fund within two weeks of her release, take part in a social program assigned by her probation officer and wear an electronic monitoring device for six months.
The new court order has not yet entered into force.
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Editor: Michael Cole
