Jurors will continue deliberation today in the murder trial of
Rachael Marie Menchaca, accused of killing her 9-month old daughter
in September 2006.
Hollister – Jurors will continue deliberations today in the murder trial of Rachael Marie Menchaca, accused of killing her 9-month old daughter in September 2006.
Menchaca, a 28-year-old Hollister mother, has been standing trial for a week on felony charges of second-degree murder, involuntary manslaughter and child endangerment in connection with the September 2006 death of Isabella Menchaca. The infant ingested methadone, a powerful narcotic used in addiction treatment, and died early that morning, according to authorities.
A jury of nine women and three men began deliberations Tuesday morning after San Benito County Deputy District Attorney Stephen Wagner and Menchaca’s attorney, Greg LaForge, made their closing arguments.
Wagner reiterated his statement that Menchaca’s efforts to save the infant girl were “too little, way too late.” The deputy district attorney argued that medical personnel were near and that Menchaca should have called sooner.
“Help was a mere two minutes away,” he said.
In his closing argument, LaForge told jurors Menchaca called 911 as soon as she realized her child had stopped breathing.
Wagner said Menchaca placed her interest ahead of a dying child in not calling 911 in a timely manner because she told authorities she was scared, high on methamphetamine and on probation. The deputy district attorney said the delayed call was a choice.
“This is a tragedy, not a tragic accident,” Wagner told jurors.
Wagner further argued Menchaca’s apartment had dangerous conditions that she created, such as allowing a methadone pill to fall onto the floor.
“Who set this stage?” Wagner asked the jurors while holding up photos of the Valley View apartment and pointing at Menchaca in the courtroom. “That’s right, the defendant did.”
LaForge contended that a dirty house does not equal murder.
“A dirty house, according to the DA, equals murder,” LaForge said.
To be found guilty for second-degree murder, his client had to have committed an act leading to the death of her child, LaForge said. The attorney said Menchaca committed no such act.
“She didn’t die at the hands of her mother like the DA wants you to think,” LaForge told jurors.
But Wagner countered that Menchaca’s knowledge of dangerous conditions in the apartment makes her guilty of murder.
“That’s not the theory in this case,” Wagner said. “Intent to kill is not a theory that we’re advancing.”
Menchaca will face 15 years to life in prison if convicted of second-degree murder.
“No matter what happens, Rachael is going to have to live with this for the rest of her life,” LaForge told jurors. “Every day and every night.”
