By David Madden

MT. HOLLY, N.J. (CBS) — A police affidavit, released by the Burlington County prosecutor’s office, states that a Pemberton woman, now being held on a half-million dollars bail, charged with setting her newborn infant ablaze Friday night, was seen standing over the burning infant just before they arrived on the gruesome scene.

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According to the affidavit, evidence at the home of the woman, 22-year-old Hyphernkemberly Dorvilier, a mile and a half away on Rutgers Avenue, suggests she had just given birth.

The newborn girl, found burning in the middle of Simontown Road, suffered third-degree burns over 60 percent of her body, according to doctors at Children’s Hospital of Philadelphia, where she died.

Police say Dorvilier had a cigarette lighter and a can of WD-40 in her possession when taken into custody along Simontown Road.  She said nothing to police but is quoted by one witness at the scene as yelling, “It’s not my baby.”

Dave Joseph told KYW he walked out his front door to see a flaming heap in the road and Dorvilier walking toward his wife and him.

“She said, ‘Are you the owner of the land?’ And I said, ‘Yes I own this land what are you doing here?’ [She said,] ‘My dog pooped in my truck and I’m burning poop,’ ” recalls Joseph.

The Josephs walked over to make sure she cleaned up the mess and when water hit the flames they say what was really burning.

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“My wife screamed, ‘It’s a baby, Dave! it’s a baby!’ ” said Joseph, who was upset the baby was never given a chance to live, and that perhaps Dorvilier didn’t know what resources were available to her.

Under New Jersey’s Safe Haven Infant Protection Act a mother can anonymously drop off a baby younger than 30 days old at any police station or hospital emergency room.

It can even be another friend or family member, so long as the baby has no signs of abuse there are no criminal charges.

“Take the child to emergency room, take child to the police station. If you don’t have a ride pick up the phone. I know my police officers would more than gladly go pick up the child at somebody’s residence,” said Pete Alfinito, president of the Burlington County Fraternal Order of Police.

An initial court appearance is scheduled for Dorvilier for Tuesday afternoon at 3pm.

Stay tuned to KYW Newsradio 1060, CBS3, and CBSphilly.com for updates on this developing news story.

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