Hollister
– It could be up to a grand jury to decide what charges are
filed against a Hollister mother implicated in the death of her
9-month-old daughter in September.
Hollister – It could be up to a grand jury to decide what charges are filed against a Hollister mother implicated in the death of her 9-month-old daughter in September.
The preliminary examination of Rachael Marie Menchaca was postponed Tuesday and is scheduled to go before a criminal grand jury.
Menchaca, 27, faces felony charges of involuntary manslaughter and child abuse after her daughter died from ingesting what officials believe to be a methadone pill. But a grand jury could indict her on amended or additional charges after reviewing evidence in the case. Menchaca’s attorney, Public Defender Greg LaForge, questioned the status of the grand jury in court Tuesday afternoon.
“Supposedly the district attorney was conducting a grand jury,” LaForge told San Benito County Superior Court Judge Thomas P. Breen. “I was told by the district attorney’s office that this will be done by Thursday.”
LaForge declined further comment on the proceedings of the grand jury.
San Benito County District Attorney John Sarsfield declined to comment on the existence of a grand jury.
“I can’t confirm or deny if there is a grand jury going,” Sarsfield said.
A district attorney may use a grand jury instead of a judge to indict a suspect on a set of charges, local attorney Harry Damkar said. Many California counties have both a criminal and civil grand jury but because of its size San Benito County retains only a civil grand jury.
During the year 26 people are summoned from the county at random to serve on the grand jury, Damkar said.
The grand jury sits 19 people, of which at least 12 are needed to bring an indictment before proceeding to a trial, Damkar said. The grand jury hears only the district attorney’s side and is held behind closed doors, Damkar said.
The reasons a district attorney may use a grand jury vary, Damkar said. A district attorney may wish to use a grand jury when there is sensitive information in the case or an element of the prosecution’s case is timely and cannot wait for a judge’s decision, Damkar said.
Menchaca pleaded not guilty to felony charges of involuntary manslaughter and child abuse at an arraignment hearing Sept. 13. She was arrested Sept. 12 after her daughter died from allegedly ingesting a narcotic while Menchaca was high on methamphetamine, according to police.
Menchaca called 9-1-1 at about 3:10am Sept. 11 and told dispatchers that the infant had stopped breathing, police said. Local police, firefighters and medics responded to the Valley View Road apartment and performed CPR on the infant. They were unable to revive her.
Emergency room officials at Hazel Hawkins Hospital pronounced the girl dead at 4:09am.
Menchaca was also caring for at least one other child, a young boy, at the time of the infant’s death, police said.
Police said investigators began an intensive investigation at Menchaca’s home following the infant’s death. An unknown pill was found at the home.
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.
Toxicology reports from an autopsy of the infant indicated the girl had methadone, a powerful narcotic used in addiction treatment, in her system when she died in September, according to sources close to the investigation.
Menchaca is being held at the San Benito County Jail in lieu of $100,000 bail.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or mv*********@fr***********.com.
