Police began investigating the Burgesses in April 2022 after a tip was reported that the two women possibly disposed of an infant corpse in their backyard. When questioned by police, the Burgesses confirmed they had buried the body of a stillborn infant in their backyard.

Local authorities then asked Facebook for private messages between the Burgesses to inform their investigation into the concealment of a corpse and possible desecration of a body. Celeste Burgess, who was 17 at the time, discussed with her mother via private Facebook messages a plan to perform the abortion using pills obtained online and then to “burn the evidence.”

Only after these messages were reviewed by police did the investigation turn into one for an illegal abortion, which would carry charges for Jessica Burgess as the supplier of the abortion pills.

Court records document that the child was at 28 weeks gestation, and subpoenaed medical records indicate Celeste Burgess’s due date was July 3. At the time, abortion was legal in Nebraska only up until 20 weeks of pregnancy. When the remains of the child were exhumed, police found evidence of “thermal injuries” on the body.

Infants born alive prematurely at 28 weeks gestation have an 80%-90% survival rate with a 10% chance of long-term health problems, according to the University of Utah. A premature infant delivered at 32 weeks has over a 95% chance of survival with little risk of health complications.