Theresa Bentaas sentenced to 10 years in prison with 9 years suspended in relation to the Baby Andrew case

A Sioux Falls woman who gave birth to a boy and dumped his body in a Sioux Falls ditch in 1981 likely won't serve more than 60 days in jail, Judge Bradley Zell said during her sentencing Thursday.

Theresa Bentaas, 60, was sentenced to 10 years in the women’s prison by Zell but with 9 years suspended and credit for time served for the 1981 death of her newborn son who would later be called Baby Andrew in a case that went unsolved for decades.

“You probably won’t serve more than 60 days or so,” Zell told Bentaas in the packed courtroom. Bentaas has already served 73 days in the county jail.

“This court has struggled with the nuances of the case since first being appointed to it,” Zell said as he began his 20-minute long explanation as to why he gave the sentence he did.

Bentaas, 60, faced a first-degree manslaughter charge. During the sentencing hearing, the state recommended Bentaas be sentenced to 40 years in prison with the possibility of parole after 10 years. Her lawyers recommended she be given time served.

More: Six things we learned during Theresa Bentaas's sentencing in 1981 cold case of Baby Andrew

Bentaas will report to the Minnehaha County Jail on Jan. 15, 2022 so she can be transported to the women’s prison to begin her sentence.

By the time Zell entered the courtroom on Thursday, people were standing against the wall. More than 50 people packed into the room before Zell dismissed those standing due to COVID-19 protocols. The jury section was also open for spectators.

Bentaas entered an "Alford" plea on count three of first-degree manslaughter on Oct. 8, which in South Dakota is treated as a "guilty" plea. Two murder charges she faced were dropped.

Bentaas gave birth to the baby when she was 19, but defense attorneys told the court that Bentaas didn't know she was pregnant until the baby was born and that the child was not breathing. Bentaas then wrapped the baby in blankets and put it in a ditch in what was then southern Sioux Falls before a passerby noticed it.

More: Baby Andrew was found in a ditch in 1981. Here's what we know about the case after 40 years

The mystery of the baby's parents transfixed Sioux Falls residents until it was revealed by DNA match that Bentaas was the mother in 2019 and police charged her.

'Complete pregnancy denial'

The defense called a psychiatrist to the stand who interviewed Bentaas, examined all the evidence and claimed Bentaas was experiencing "complete pregnancy denial" while she was pregnant with Andrew.

"She never named him but accepted the name the church gave him," said Dr. Cara Angelotta of Northwestern University.

Angelotta said Bentaas never knew she was pregnant with the child until she went into labor and the baby was born. Medical records show she did not seek treatment for the pregnancy before the birth.

When questioned by the state, Angelotta said Bentaas said she had no recollection of what happened to the baby after his birth.

Bentaas described the infant to Angelotta as "pale, grey and lifeless" after giving birth to him. She also told Angelotta she didn't think he was alive because he wasn't crying.

Second hidden pregnancy

In Angelotta's statement she revealed that Bentaas hid another pregnancy in 1985-1986 after which she gave birth to her eldest daughter at her mother's home.

It was later explained by Zell that no one knew about either of the first two pregnancies but on the second one Bentaas's parents were home and took her to a hospital after hearing a baby's cries coming from her room.

When Bentaas discussed giving the baby up for adoption, her mother insisted on her letting the baby's father help her decide, Zell said. They decided to keep the girl and raised her together.

Bentaas's sister Michelle Fischer was next to the stand followed by Bentaas's daughter Melissa and son Justin Bentaas.

'She has accepted legal guilt but does not admit to doing it'

The state only called two witnesses to testify and they weren't questioned heavily. Randy Sample, representing the state, addressed the court and said he didn't want the manslaughter laws to change in South Dakota.

"No one knew baby Andrew or will know baby Andrew," Sample said. "She has accepted legal guilt but does not admit to doing it."

The discovery of Andrew's true parentage came through detective work done mainly by Michael Webb for 10 years starting in the mid-2000s. Webb discovered a university that was able to extract DNA from bones, and Andrew's body was exhumed. A few years later, DNA profile matches led to Theresa Bentaas.

"This case wasn’t solved because this defendant had a crisis of conscience, she lived a good life," Sample said.

Not punishing Bentaas would send the "wrong message" given her actions. However Sample didn't request a life sentence but instead a shorter 40-year sentence that could've seen Bentaas out of prison in 10 years.

"She could be back with her family by the time she’s 70. It allows her to serve time and be back by with her family," Sample said.

'She lost her son'

Defense attorney Raleigh Hansman said Andrew's death happened to Bentaas and not because of her.

"Theresa Bentaas did not kill her child," Hansman said, "She lost her son."

Hansman argued that the scientific evidence pointed to Andrew's death being due to lack of proper medical care and not due to the "South Dakota winter."

"Andrew was born, possibly took one breath and then passed away," Hansman said.

Hansman described Bentaas' Alford plea as a compromise knowing that a jury might be biased by emotion and prior reporting and she would be found guilty. Hansman said Bentaas never admitted to killing her child.

The court recessed until noon before Zell sentenced Bentaas. The judge took 20 minutes to explain his decision and referenced it being the first time in 30 homicides that the question of whether or not the defendant committed the act of homicide came into play during sentencing. He said whether or not anybody agreed on his decision it was his job to sentence her.

"That's not my job to render decisions on what people want," Zell said.

Clint Sargent, Bentaas's attorney, said before the change of plea hearing that they'd speak after the sentencing but as of Thursday afternoon said Bentaas is "not ready" to speak.

'He is a part of our family'

Family members of Bentaas took to the stand to make statements defending her and praising her as a good mother and person.

Michelle Fischer, sister of Bentaas, read a prewritten statement describing her sister as both a "big sister" and a "second mother" to her who guided her through her own pregnancy.

"Beautiful pink skies are just the angels baking cookies," Fischer said she learned from Bentaas as a child as she fought back tears.

Melissa Feilmeier, daughter of Bentaas, described how through the whole ordeal she was thankful for learning the existence of her brother.

"He is a part of our family," Feilmeier said.

Her brother, Justin Bentaas, was the last to take the stand. The youngest of the Bentaas children said the sentenced impose by Zell would punish his whole family not just Theresa Bentaas. He said sending his mother to prison wouldn't make the community a safer place or "rehabilitate" his mother.

Earlier: Bentaas changes plea in 'Baby Andrew' case, found guilty on manslaughter charge

Got a story idea from your community? Email reporter Alfonzo Galvan at agalvan@argusleader.com or follow on Twitter at @GalvanReports.

This article originally appeared on Sioux Falls Argus Leader: Baby Andrew cold case: Theresa Bentaas sentenced