Hollister
– The San Benito County District Attorney’s office on Friday
returned a grand jury indictment with an additional charge of
second-degree murder against Rachael Marie Menchaca in connection
with the death of her 9-month-old daughter.
Hollister – The San Benito County District Attorney’s office on Friday returned a grand jury indictment with an additional charge of second-degree murder against Rachael Marie Menchaca in connection with the death of her 9-month-old daughter.
Menchaca, 27, sat quietly in the courtroom as the indictment was read, her hair pulled into a ponytail and wearing black and white striped prison garb.
She was indicted on felony counts of second-degree murder, involuntary manslaughter and child endangerment. She had originally faced felony involuntary manslaughter and child abuse charges after the death of her baby in September. She has pleaded not guilty to all charges.
Menchaca was arrested Sept. 12, one day after her daughter, Isabella Menchaca, died. Police said the child died after ingesting a narcotic, allegedly while her mother was high on methamphetamine.
If convicted of second-degree murder, Menchaca could face 15 years to life in prison.
Greg LaForge, Menchaca’s court-appointed attorney, maintained that the death was simply a tragic accident.
“It’s very difficult to prove a murder case when (the prosecution’s) own forensic pathologist cannot determine if the manner of death was a homicide or an accident,” LaForge said.
However, Deputy District Attorney Stephen Wagner, who leads the prosecution, said he was pleased with the indictment.
“And I think it reflects the facts in the case,” Wagner said.
LaForge questioned District Attorney John Sarsfield’s use of a grand jury to secure an indictment.
“They aren’t going to be able to prove (the charges), which is why they probably went to a grand jury instead of a preliminary examination,” LaForge said. “Why did they go to a grand jury on the eve of the preliminary hearing?”
Sarsfield said he chose to give the case to a grand jury “because it had some very unusual facts.” The prosecutor declined to elaborate.
Menchaca called 9-1-1 at 3:10am on Sept. 11 and told dispatchers her baby had stopped breathing, police said. Local police, firefighters and medics responded to Menchaca’s Valley View Road apartment and performed CPR on the girl. They were unable to revive her. Emergency room officials at Hazel Hawkins Hospital pronounced the child dead at 4:09am.
Police said investigators began a search at Menchaca’s home following the infant’s death. 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, according to sources close to the investigation.
Wagner said he believes the prosecution’s evidence will support the charges at trial.
“I feel confident in presenting the case,” Wagner said.
LaForge said no prosecutor in the district attorney’s office has tried a murder case in San Benito County.
“Unless the law in the state of California has changed since I tried murder cases at the district attorney’s office it would be virtually impossible to sustain a murder conviction in this case that would be upheld by a court of appeal,” LaForge said.
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
.
