The office says more tests will be needed to determine how the fetus died, and the tests couuld take a couple of weeks. Rodriguez pulled a hood over her face and held on to her uncle as she left court in Lower Manhattan Saturday. Rodriguez is now charged with a misdemeanor - shoplifting, and was released after her arraignment. However, the 17-year-old could find herself in even more trouble.
Charges have not been upgraded as detectives wait for the cause of death from the medical examiner's office.
Late Friday night, sources confirmed the newborn weighed eight and a half pounds, pointing to a full term baby.
One of the two girls was visibly upset as paramedics brought her out of the Victoria's Secret store Thursday afternoon.
Police say 17-year-old Rodriguez gave birth to a baby boy at her friend's home in Queens the day before.
Rodriguez and 17-year-old Francis Estevez are accused of shoplifting at the Herald Square Store when security caught a foul odor and noticed the girls were acting suspicious.
Inside their bag were the baby's remains.
Rodriguez told detectives she was six months pregnant but miscarried.
Detectives found inconsistencies in her story and the 17 year old now has legal representation.
Rodriguez has a 2-year-old child who has been placed in the custody of a family member.
ACS is investigating.
The girls were arrested on charges of petit larceny and criminal possession of stolen property.
Preliminary reports from detectives suggested the fetus was born alive and possibly had been asphyxiated, but chief New York Police Department spokesman John McCarthy said that the case was still being investigated and that police were awaiting the medical examiners' determination of the cause of death.
