Hollister
– A trial date was set Tuesday for a Hollister woman accused of
second-degree murder in the death of her 9-month-old daughter.
Hollister – A trial date was set Tuesday for a Hollister woman accused of second-degree murder in the death of her 9-month-old daughter.
San Benito County Superior Court Judge Harry Tobias told Rachael Marie Menchaca, 27, that she will stand trial starting May 7 for second-degree murder, involuntary manslaughter and felony child endangerment. Tobias scheduled the trial to last up to six days and told the prosecution and defense sides to begin serving their witnesses to be available to appear in court.
But Menchaca’s attorney, public defender Greg LaForge, said he will file a motion to dismiss the indictment based on insufficient evidence.
“I don’t know if it will go into all of the charges,” LaForge said. “I guarantee the motion will address the murder charges and the manslaughter.”
LaForge said he has been waiting for a retest of the toxicology reports for both his client and her daughter, Isabella Menchaca.
An autopsy of the infant indicated the girl had methadone, a powerful narcotic used in addiction treatment, in her system when she died.
LaForge had previously told the Free Lance that the manner of Isabella Menchaca’s death was indeterminable by the prosecution’s forensic pathologist.
But Stephen Wagner, who leads the prosecution, said he feels confident in presenting the case.
“I believe the evidence clearly supports second-degree murder liability,” Wagner said.
Wagner said he looked forward to defending the indictment if LaForge files a motion to dismiss. He told the court that the prosecution had no additional investigation to be completed for the case.
Isabella Menchaca died on Sept. 11, 2006. At 3:10am that day, he mother called 911 and told dispatchers her baby had stopped breathing, police said.
Local police, firefighters and medics responded to Menchaca’s Valley View Road apartment and performed CPR on the girl. They were unable to revive her and she was transported to Hazel Hawkins Memorial Hospital, where she was pronounced dead at 4:09am.
Police said investigators began a search at Menchaca’s home following the infant’s death.
Based on Menchaca’s statements to investigators and evidence at the home, detectives believe the infant may have ingested the narcotic substance the night before, according to police.
Menchaca, who has been in jail since Sept. 12, was not allowed to attend her daughter’s funeral. She is being held at the San Benito County Jail in lieu of $100,000 bail.
Menchaca will be in court again March 20 for a pretrial conference, at which the prosecution and defense sides will meet and disclose their witnesses.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or
mv*********@fr***********.com
.
