Ann McGowan was sentenced to prison for an indeterminate time not to exceed five years Friday for charges of involuntary manslaughter in the death of her newborn daughter.

“You pled guilty to a reckless act, and there is a dead baby,” Judge Michael Moon said during sentencing. “That is not my opinion of grounds to allow probation.”

On July 21, 2001, McGowan, 35, strangled her newborn with a pair of pantyhose and abandoned the baby in a garbage bag in her backyard after giving birth at her Ames home, 1118 N. 3rd St. McGowan was brought to trial on charges of first-degree murder, punishable by life imprisonment without parole on May 19. A plea bargain was agreed upon following the testimony of a defense witness arguing the baby was stillborn and already deceased when McGowan placed the ligature around its neck. On May 23, McGowan pled guilty to the reduced charges of involuntary manslaughter, punishable of up to five years imprisonment. While McGowan requested a sentence of probation, the state requested the sentence of five years imprisonment.

During the final arguments to the judge, with her lawyers sitting at her sides, McGowan verbally accepted responsibility for her actions and offered a five minute statement in a final plea for a sentence of probation.

“I am a productive member of society,” she said. “I have never been in trouble with the law.”

McGowan also described the 269 days she has already experienced in prison for this offense as the “hardest and darkest days” of her life.

She said everything that has happened over the past two years has been punishment enough to warrant a sentence of probation.

“I was ripped up in the papers. I was ripped up emotionally,” she said. “I spent the entire time thinking about what I had done.”

The name of her daughter, Katrina, was also revealed for the first time during court proceedings.

William Kutmus, McGowan’s attorney, stressed to Moon this is a case of involuntary manslaughter agreed upon both sides.

“Involuntary manslaughter means unintentional death,” Kutmus said. “In this particular case, the death of this baby was unintentional.”

During the trial, the defense argued McGowan had lost 50 percent of her blood causing her to experience a confused mental state as well as reducing the amount of oxygen to the fetus resulting in the baby’s death.

“There is no other explanation for the death of this child other than the mental deficit of Ann McGowan [at the time of the incident],” Kutmus said.

Kutmus asked the judge to consider the punishment McGowan has already faced including living with the knowledge she caused the unintentional death of her child, the addition of a felony forever branded to her name, and the time which she has already spent in jail.

Mark Pennington, McGowan’s attorney, argued the typical sentencing of up to five years imprisonment for involuntary manslaughter should not apply to this case.

“Most people choose to put themselves in that position [by the decisions they make],” he said noting drunk driving murders and drug-induced murders. “She didn’t make the decision to bleed. It was thrust upon her.”

Jerry Handsaker, president of the company McGowan and her fianc‚ work for, testified on behalf of the defense Friday. Knowing McGowan for almost two and a half years, he testified that he believes she is dependable, hard working and would not present a danger to society if probation was granted.

“I don’t think she would harm anything,” he said. “I think she is a genuine good lady and putting her in jail would be a travesty.”

The state did not go back on their request for five years imprisonment for McGowan during their final arguments.

“She admitted to killing her child,” said Danielle Davis, assistant Story County attorney. “I cannot think of any other sentence appropriate in this matter.”

While he accepted Moon’s ruling as “part of the judicial system,” Kutmus disagreed with the ruling.

“I don’t she is a risk,” Kutmus said. “I think her mental state at the time to which this defense was committed was absolutely confused.”

Considering McGowan has already spent 9 months in prison and anticipating an incarceration of only six months to a year more, Pennington said he was pleased with the overall outcome.

“I would say that considering she was facing first-degree murder and mandatory life in prison that this is an excellent outcome and this was a no-lose situation, quite frankly, for Ann McGowan,” he said.

Pennington said McGowan is “somewhat disappointed,” but accepting of the judgment.

“She understands what she was facing, so she understands the big picture,” he said. “She will be able to get on with her life and have a very productive life and a future.”

Kutmus said he intends to file a motion to reconsider the sentence after 30 to 60 days in attempt to receive probation for McGowan.

Jeff Condon, McGowan’s fianc‚, declined comment.

McGowan will begin serving her sentence at Oakdale Medical and Classification Center where she will undergo physical tests and tests to determine where the best placement in the prison for her will be, said Steven Holmes, Story County attorney. This process usually takes six months, he said.

Of the population released from Iowa prisons in 2002, those sentenced to no more than five years served an average of 464 days in prison, or just over fifteen months, according to the Iowa Board of Parole Web site, http://www.bop.state.ia.us/2002Report.pdf.

If McGowan serves the average sentence, with 269 days of incarceration toward this offense already, she will serve 195 days, or just about six and a half months in prison.