Hollister
– A judge denied a request to release a Hollister mother from
jail Tuesday while awaiting trial on charges of involuntary
manslaughter and child abuse filed in the wake of her infant
daughter’s death.
Hollister – A judge denied a request to release a Hollister mother from jail Tuesday while awaiting trial on charges of involuntary manslaughter and child abuse filed in the wake of her infant daughter’s death.
Rachael Marie Menchaca, 27, was arrested by Hollister Police earlier this month after her daughter died, possibly from eating a dangerous narcotic pill while Menchaca was allegedly high on methamphetamine, according to police. She pleaded not guilty to charges of involuntary manslaughter and child abuse at an arraignment hearing last week. Menchaca’s attorney, Public Defender Greg LaForge, formally requested that his client be released from custody without bail while awaiting trial Tuesday. LaForge said his client was being held on the “hunches and suspicions and conclusionary statements” of police and that the charges against Menchaca had no factual basis.
“It appears to be nothing more than a tragic accident,” LaForge told the court. “There is no crime here. There is nothing to tie my client to the death of her child.”
Prosecutor Stephen Wagner opposed the motion. He said that Menchaca’s criminal record showed two misdemeanor escape charges that would make her ineligible for release without bail.
“There is evidence of gross neglect and that the infant ingested those drugs while under (Menchaca’s) care,” Wagner said during the hearing.
LaForge denied that his client had previous escape charges. He said her previous arrest had been in 2003 for possession of PCP.
San Benito County Superior Court Judge Steven Sanders denied LaForge’s request to release Menchaca on her own recognizance without explanation. Sanders ruled that Menchaca’s bail, which was set at $100,000, remain in place.
After Sanders’ ruling, LaForge declined to waive his client’s right to a speedy preliminary. Sanders scheduled a preliminary hearing for 8:30am Oct. 2.
San Benito County District Attorney John Sarsfield said he was not surprised by the move.
“We’ll be ready for the preliminary hearing, whenever it happens,” he said. “We’re ready now.”
LaForge said he did not know how the prosecutor could be prepared for a preliminary hearing.
“The cause of death hasn’t been determined,” he said. “I don’t know how the district attorney could be prepared.”
Sarsfield declined to comment on LaForge’s claims that the case against his client was based only on “hunches and suspicions.”
“We’ll present our evidence at the preliminary hearing,” he said.
Menchaca called 9-1-1 at about 3:10am Sept. 11 and told dispatchers that her 9-month-old daughter had stopped breathing, Hollister Police Department Spokeswoman Rosie Betanio 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.
Betanio said investigators began an intensive investigation at Menchaca’s home following the infant’s death. Investigators believe the infant may have ingested a toxic substance, possibly a narcotic pill. An unknown pill was found at the home and has been sent to the lab for further testing.
Based on Menchaca’s statements to investigators and evidence at the home, detectives believe the infant may have ingested the substance the night before, Betanio said. They further believe that Menchaca made no effort to give her daughter medical attention and was high on methamphetamine when the girl died, Betanio said.
On Sept. 12, detectives said they had probable cause to arrest Menchaca. She was arrested on charges of second-degree murder, willfully causing great bodily injury or death to a child and failing to care for a child.
Menchaca was also caring for at least one other child, a young boy, at the time of the infant’s death. The whereabouts of the infant’s father at the time of the incident are also unknown, Betanio said.
At the time of her arrest by Hollister detectives, Menchaca was on probation in Santa Clara County for drug violations, Betanio said.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
