A Hollister mother is currently in jail and is charged in the
death of her 9-month-old daughter. Rachael Marie Menchaca, 27, will
not be leaving jail anytime soon.
A Hollister mother is currently in jail and is charged in the death of her 9-month-old daughter. Rachael Marie Menchaca, 27, will not be leaving jail anytime soon.
Her bail is set at $100,000. Police believe that while Menchaca was high on methamphetamine her daughter may have ingested a narcotic.
The District Attorney has charged Menchaca with felony involuntary manslaughter and felony child abuse. We agree with the charges decided upon by DA John Sarsfield and his staff.
What we don’t agree with is San Benito County Superior Court Judge Steven Sanders’ decision to prevent Menchaca from attending her dead child’s funeral. On Wednesday, Sanders told a sobbing Menchaca “I’m concerned about the seriousness of the charges against you.”
Charges cannot be much more serious than those involving the death of a child. But keep in mind that Menchaca is charged with manslaughter, not murder, not capital murder, not murder with a gang enhancement. Preventing Menchaca from taking two hours to attend her daughter’s funeral is not commensurate with the charges. It is not an uncommon practice in counties across the nation, including this one, to allow inmates to attend funerals, often at the cost of the inmate.
Sanders, of course, is aware that Menchaca has a record, and must have weighed that into his decision, rightfully so. Yet if there is a concern that she may try to escape, easily enforced steps – armed guards come to mind – could be employed.
And if your blood is starting to boil at the thought of another “bleeding heart” hand-wringing session, think again.
If your child died under your allegedly negligent care, would you want to attend the funeral? Would you want to stand before family members, friends, officers, strangers, as your child is being buried? As the guilt and shame of what you allegedly allowed to happen crushes you like a collapsing wall in front of those you love, and a public who may want you put away forever before you have even gone to trial?
Think of it as emotional due process. Think of it as two hours. Guilty or innocent, Menchaca attending the funeral will be a sentence. Denying Menchaca this right feels uncomfortably of a presumption of guilt.
We have no doubt that justice will prevail. The system will work. Menchaca’s attorney has pled not guilty to all charges on her behalf. The District Attorney’s office will be well-prepared.
Rachael Marie Menchaca will have her day in court. Before she is deemed guilty or innocent, she should get her 120 minutes at a child’s funeral.
