Hollister
– The murder trial of a Hollister mother in connection with the
death of her 9-month-old daughter – who authorities believe
ingested a narcotic pill – was delayed another month Tuesday.
Hollister – The murder trial of a Hollister mother in connection with the death of her 9-month-old daughter – who authorities believe ingested a narcotic pill – was delayed another month Tuesday.
Rachael Marie Menchaca, 26, will stand trial for the death of her 9-month-old daughter Sept. 24 on charges of second-degree murder, involuntary manslaughter and felony child endangerment. The trial was delayed because Deputy District Attorney Stephen F. Wagner said two of his witnesses had conflicting schedules.
Menchaca’s latest trial date had been set for Aug. 20, but the district attorney’s office requested Tuesday that San Benito County Superior Court Judge Harry Tobias delay it another month.
“The continuance was sought to ensure the attendance of two experts that will provide critical information at the trial,” Wagner said.
Authorities arrested Menchaca on Sept. 12, 2006, after her daughter died from allegedly ingesting a narcotic while in Menchaca’s care the day before, according to police. Toxicology reports indicated the girl had methadone – a powerful narcotic used to treat drug addiction – in her system when she died, sources close to the investigation said. Menchaca pleaded not guilty to the charges in January.
Attorney Greg LaForge, who represents Menchaca, said he did not oppose the trial’s delay because he believes one of Wagner’s witnesses will be useful to his defense.
“Dr. (John) Hain cannot determine in fact if this is a homicide or an accident, making him much more useful to the defense,” LaForge said.
LaForge said he was ready for the trial to begin in August.
“It will go to trial (Sept. 24) or it will be dismissed,” LaForge said. “There will be no more continuances.”
Tobias originally scheduled Menchaca to stand trial May 7. Tobias scheduled the trial to last up to six days. LaForge requested in April that the trial be delayed to retest his client’s toxicology results.
