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Defendant in surrogate mom case testifies

Jim Herron Zamora, Chronicle Staff Writer Wednesday, September 22, 2004

An Oregon woman accused of faking her pregnancy to bilk a family that wanted to adopt her baby told a Contra Costa County jury Tuesday that she had falsely confessed to the crime because she was scared Walnut Creek police would beat her up.

Maya-Anne Mays insisted -- despite a lack of supporting medical evidence -- that she really had been pregnant until March 10

and had intended to allow a Walnut Creek couple to adopt the infant upon birth.

"I just decided to tell them whatever they wanted to hear,'' said Mays, 33, who took the stand in her own defense for about three hours Tuesday. The case is expected to go to the Superior Court jury in Martinez today.

Mays, who is charged with three counts of grand theft, repeatedly dabbed her eyes with tissue during her testimony, and her voiced cracked several times.

Mays testified that she had suffered an epileptic seizure March 10 and regained consciousness to discover she had given birth to a stillborn baby girl. She took a subway to a hospital, where she left the infant outside, her attorney said.

She felt bad about losing the baby, she said, but just never found the right time to tell the prospective parents, Robert Temple and his wife, Alette Coble-Temple, about the miscarriage.

Contra Costa County prosecutors say the Oregon woman offered false promises of an adoption to the Walnut Creek couple and to two others who, like them, agreed to pay her rent and other expenses after she said they could adopt her unborn child.

The Temple family spent $12,000 on such things as Mays' rent and utility bills. The scheme unraveled in mid-March after the Temples became suspicious and a pregnancy test in Contra Costa County came up negative.

Investigators testified that Mays had given several conflicting stories but ultimately confessed to the hoax. An officer testified Tuesday that Mays also had admitted that in January while at a clinic in Utah she had taken a used pregnancy test strip -- with positive reading -- out of a trash can and told medical officials it was hers.

She denied that in her testimony, insisting several times she was pregnant. She testified that she had been impregnated in June 2003 by a solider from Oregon who was later killed in Iraq. She said she understood his name to be Danny "D.J." Clark. Even though "Clark" was already married to more than one other woman, Mays testified they were "bonded" in a Mormon ceremony. She said she had learned of his death when "two official-looking men showed up at her door" in a Portland suburb.

Mays testified that she had later received a mysterious phone call from a woman named Kim who said the father of Mays' unborn child was Army Chief Warrant Officer Erik Kesterson, 29, an Oregon native who died in a Nov. 15 helicopter crash near Mosul, Iraq.

Kesterson's father has publicly denounced the claim.

On cross-examination, prosecutor Matt O'Connor ridiculed Mays' entire account and said she had fabricated the story of the miscarriage during her trial after it was too late for investigators to attempt to verify it.

But May insisted that investigators just hadn't asked her about her miscarriage during any of five interviews with her.

"They didn't believe me anyway,'' she said.

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