The Manitoba Appellate Court will hear arguments on Wednesday morning why she should dismiss the sentence of a Winnipeg woman who is responsible for hiding the remains of six babies in a storage cabinet.
Andrea Giesbrecht was sentenced to 8½ years in jail in July 2017. With the time that has already happened, the 44-year-old Gießrecht is expected to spend another six years and five months in prison.
Her lawyer, Greg Brodsky, said on Tuesday that she intends to put 41 grounds to appeal her sentence and the subsequent verdict he calls "harsh and excessive."
Giesbrecht's appeal to the judges is scheduled to begin at 9:30 am at the Winnipeg Justice Building.
CBC will broadcast live listening online, starting at 9:30 in the CST.
The six babies' remains, testified by medical experts, were at or near the full term were found by employees in a U-Haul Giesbrecht storage cabinet hired in 2014 after failing to track their payments.
Brodsky argues that Gizembrecht has never received the presumption of innocence from the judge and the police and was convicted as if the babies were alive at birth.
At what point the baby dies and what causes his death, can not be determined in the process because the remains were overstated.
"She can not be convicted and convicted, as if she were a murderer, she can not be convicted if she has not received medical assistance or help at her birth. She can not be condemned and convicted of anything but which is condemned, which conceals the products of conception, "said Brodsky.
"By giving consecutive sentences [Judge Murray Thompson] that they are living births, "said Brodsky.
"In Thomson's judgment, the judge explains that in order to be found guilty of throwing a child's body, the crown has only to show that the baby is probably born alive.
Referring to birth statistics, as well as the court analysis presented at the trial, Thompson said he was pleased that each of the six babies was probably born alive.
In the verdict, Thompson said that each of the six children represented six separate crimes, and the moral guiltyness of Gießrecht increased after the first crime. He sentenced her to six months for the first baby, one year for the second and two years for each of the four other babies that were discovered for a total of 9½ years.
The sentence was later reduced by one year.
He looked in disgust.
If her sentence stands, Brodsky will argue that on Wednesday Giesbrecht should be allowed to return to the probation community in order to resume volunteering for charity organizations in Winnipeg, including the Siloam Mission.
"She does not want to go to jail for what she has done," said Brodsky.
"She thought they were stillborn, now have two children, we do not want their lives to be laid down because of what happens to their mother."
Brodsky said the client had learned from his experience, although he did and still wants the remains of the six children to be "saved."
"She knows she looked with disgust and had to have a doctor and she would be in the future.
Brodsky filed an appeal in the autumn of 2017. He also requested a warranty for his client while he waited for the appellate session to take place but was denied in April 2018.
At that time, the Court of Appeal, Michel Monni, said the case was unprecedented and "the accused was found guilty of a number of serious crimes."
In her decision, County Prosecutor Murray Thompson said she was convinced that Jiebrecht was the mother of all six babies.
Jiebrecht did not testify during the trial, leaving many baby-related questions unanswered.