Hollister
– Rachael Marie Menchaca pleaded not guilty Tuesday morning on
an indictment of second-degree murder, involuntary manslaughter and
felony child endangerment.
Hollister – Rachael Marie Menchaca pleaded not guilty Tuesday morning on an indictment of second-degree murder, involuntary manslaughter and felony child endangerment.
Menchaca, a 27-year-old Hollister resident, was indicted in December on the three felony charges in connection with the death of her 9-month-old daughter. Police investigators believe Menchaca’s daughter, Isabella Menchaca, ingested a narcotic pill while in her care in September 2006.
Greg LaForge, Menchaca’s attorney, maintained the death of her daughter was nothing more than a tragic accident.
“We’re going to do a toxicology re-test on the victim as well as my client,” LaForge said.
LaForge said the San Benito County District Attorney’s Office has been in “substantial compliance” with the handing over of the prosecution’s evidence in its case against his client. He asked the court for 30 days to prepare for the trial setting. Menchaca, with tears in her eyes and a piece of tissue in her right hand, waived her right to a speedy trial.
LaForge added that he will file a motion to dismiss the indictment on lack of sufficient evidence to sustain the indictment.
Menchaca will be in court again Feb. 6 to set a trail date.
She is being held at the San Benito County Jail in lieu of $100,000 in bail.
