Mercy hospital doesn’t want woman in fake baby incident prosecuted

A spokesman for Mercy Medical Center this week said the hospital does not wish to press any criminal charges against a woman arrested in August for allegedly trying to enter the maternity ward while dressed as a nurse and carrying a lifelike baby doll.

“We’re satisfied with the investigation to this point and have elected not to seek charges,” Bob McLaughlin, the hospital’s spokesman, told the Merced Sun-Star. He declined to elaborate because the police investigation remains open.

Tonya Whitney, 41, was arrested Aug. 22 by the Merced Police Department on suspicion of trespassing, a misdemeanor. The arrest came about a week after police received a complaint from the hospital regarding Whitney allegedly trying to enter the maternity ward under false pretenses. She was not booked into jail, but was cited and released.

Whitney could not be reached for comment Friday.

In a previous interview with the Sun-Star, Whitney adamantly denied any wrongdoing and called the incident a misunderstanding. Whitney said she manufactures the “reborn” dolls as a hobby and was attempting to sell them to the hospital as training tools for expectant mothers.

Whitney said, after the incident was reported nationally, multiple people accused her of trying to kidnap a newborn, which she called ridiculous. “I in no way tried impersonating a nurse. I in no way tried or ever even thought of stealing babies,” Whitney told the Sun-Star.

Merced police referred the case to the Merced County district attorney’s office for review. Prosecutors in September sent the case back to the Police Department for further investigation.

“She (Whitney) had provided possible evidence justifying her reason for being there and we need to determine whether that’s really what happened,” said Chief Deputy District Attorney Harold Nutt.

Whitney told the Sun-Star that hospital staff told her to wait outside the maternity ward. She said she had an appointment and signed the hospital’s visitors log.

Nutt declined to comment on the most recent statements made by the Merced hospital because the case remains open.

Merced police Capt. Tom Trindad said there was no timeline for when the investigation could be wrapped up. “We understand the hospital’s position and intend to complete the investigation and send it back to the district attorney’s office,” Trindad said.

Trindad noted that children have been taken from hospital maternity wards before, including once several years ago in Merced. “The detectives and the hospital staff did an outstanding job ensuring those infants were protected,” Trindad said. “We’ll complete the investigation and leave it in the hands of the district attorney.”

Whitney previously said she understood hospital and police concerns for safety. She also said she firmly believed she would be cleared of any wrongdoing and urged people to wait for all the facts to come out.

This story was originally published October 3, 2014 at 7:22 PM.