ChatGPT Conversation Logs to Feature as Key Evidence in Perth Baby Murder Trial
A Western Australian woman accused of killing her eight-month-old daughter is seeking a judge-only trial, with court told that a large volume of ChatGPT chat records will form a central part of the prosecution's case.
Key points
- Alanah Gail Smithwick, 29, faces a murder charge over the death of her eight-month-old daughter Eden Everley-Jane in Baldivis, Western Australia, on 30 October 2024.
- Smithwick pleaded not guilty by reason of insanity after a psychiatrist issued a preliminary finding that she was acutely unwell at the time.
- Her legal team told the Supreme Court of WA that "a series of ChatGPT logs that are voluminous in nature" will make up a substantial part of the trial evidence.
- A finalised psychiatric report is due from both parties at the next court date on 17 August 2025.
- Smithwick is held at Bandyup Women's Prison and appeared at Monday's hearing by video link.
A Perth woman charged with murdering her infant daughter is expected to stand trial next year, with the court hearing that ChatGPT records will play a major role in the proceedings. It's the kind of case that shows how quickly AI tools have moved from consumer novelty to courtroom exhibit.
Alanah Gail Smithwick, 29, was arrested after eight-month-old Eden Everley-Jane was found dead on 30 October 2024 at a property on Winpara Way in Baldivis, south of Perth. People nearby reported screaming before paramedics reached the scene. Smithwick was treated at Rockingham Hospital and later moved to Fiona Stanley Hospital, where she was listed in a stable condition.
What is she accused of, and how has she pleaded?
Smiwick faces a single charge of murder. She pleaded not guilty by reason of insanity, a defence holding that severe mental illness at the time of an act removes criminal responsibility. A psychiatrist's preliminary report found she was acutely unwell, according to court documents reported by The Age. Finalised psychiatric reports from both sides are due at the Supreme Court's next sitting on 17 August 2025.
Why does ChatGPT feature in a murder trial?
Her legal team told the court that Smithwick's conversations with ChatGPT, the AI chat service made by OpenAI, produced logs that are "voluminous in nature" and will make up a substantial portion of the evidence. Digital records, including AI chat transcripts, can be admitted as evidence in the same way courts treat text messages or emails, once authenticated. We reported on ChatGPT's growing legal footprint earlier this year; this is the first case we've tagged ai-evidence in a criminal trial context. What the logs contain, and whether they help the prosecution or support the insanity defence, hasn't been disclosed in open court.
What happens next?
Smiwick's team has flagged a judge-alone trial application, meaning no jury. That's common where a mental-health defence is central and the legal questions are technical. A trial date is expected after the August hearing.
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