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A judge has thrown out the tape-recorded confession of a teenager who said she wrapped underwear around her newborn's neck, put him in a backpack and threw him in a canal.

Defense and prosecution lawyers said the first-degree murder case against Aimee Lee Weiss, now 20, hinges on the confession she made when she was 17.

The confession was thrown out because a higher court had ruled the Miranda rights warning form she signed was unconstitutional.

Weiss was charged with killing her baby just after giving birth in her bathroom at home in March 2001. She says the boy was stillborn after a secret pregnancy, and her lawyer said Friday she discarded the body in a panic.

She wrapped the body in a plastic bag, put it in a backpack and threw it into a neighborhood canal.

"Without Aimee's statement, the state cannot prove a live birth of a baby," said her attorney, Ellis Rubin.

The prosecutor, Chuck Morton, said he planned to appeal.

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