A Hollister mother’s sentencing for the death of her 9-month-old
daughter was postponed Tuesday because the judge who presided over
her trial was unavailable.
A Hollister mother’s sentencing for the death of her 9-month-old daughter was postponed Tuesday because the judge who presided over her trial was unavailable.
A jury convicted Rachael Marie Menchaca in early October of felony child endangerment and involuntary manslaughter – and acquitted her of second-degree murder – for the September 2005 death of Isabella Menchaca.
Menchaca, 27, faces up to six years in state prison. Her attorney, Greg LaForge, believes the judge who presided over the trial should be the one to sentence her, he said.
Judge Alan Hedegard has been dealing with health issues and has tried to lessen his workload, said Judge Harry Tobias, who oversaw Tuesday’s hearing.
“Judge Hedegard said he didn’t need to be available,” Tobias told the court Tuesday.
But Tobias agreed with LaForge’s contention.
“To be honest, I would feel more comfortable as a judge to have the trial judge make these orders,” Tobias said.
LaForge argued there are problems with a San Benito County Probation Department report issued Thursday on Menchaca. LaForge said the report – which a judge will use to help determine an appropriate sentence length – is inaccurate because it is based on Hollister Police Department reports and that contrary information was presented during the trial.
“The probation report is fraught with errors,” LaForge said during the proceedings.
He added after the hearing, “The police report is fraught with lies, such as stating she did not want to be by her daughter’s side.”
Isabella Menchaca died Sept. 11 after ingesting a methadone pill while in her mother’s care.
Tobias gave LaForge until Nov. 19 to file his objection about the probation department’s report and he gave the San Benito County District Attorney’s Office another week after that to respond.
Menchaca will be back in court Nov. 27 when a judge will most likely set a date for sentencing.
LaForge and Tobias discussed the possibility of presenting evidence at sentencing in case Hedegard cannot be available.
The San Benito County Probation Department report will be public information once Menchaca is sentenced. She remains in the San Benito County Jail in lieu of $30,000.
