Mistrial Declared For Mom Accused Of Murdering Son, 4
SANTA ANA (CBS) — A mistrial was declared Thursday when jurors deadlocked in the trial of a 28-year-old Santa Ana woman charged in the beating death of her 4-year-old son.
Gabriela Mariana Morales was charged with murder, child assault causing death, child abuse and endangerment, with a sentencing enhancement allegation of inflicting great bodily injury.
Orange County Superior Court Judge John Conley declared the mistrial when jurors told him they were unable to reach a unanimous verdict on the three charges.
The jury voted 10-2 for guilt on a second-degree murder charge, 11-1 for guilt on child assault causing death, and 11-1 for guilt on child abuse and endangerment.
The jury, which was instructed to consider second-degree murder or involuntary manslaughter, deliberated for two days.
"One of the jurors wouldn't deliberate in good faith," jury foreman Deno Vaccher said. "There was enough evidence there to convict."
Morales will return to court June 3 when attorneys will decide on a retrial date.
Deputy District Attorney Larry Yellin told Conley he would definitely try the case again.
"I can tell the court there's no way we'll resolve this case" with a plea bargain, Yellin said. "We're going to have a retrial."
Co-defendant Alberto Solis Guzman -- Morales' live-in boyfriend -- was convicted Nov. 22 of child assault causing death, child abuse and endangerment and corporal injury to a child, but he was acquitted of murdering Brandon Morales. He was sentenced in January to 25 years to life in prison.
Paramedics were called about 4 p.m. on May 30, 2008, to the one-bedroom apartment where the family lived, Yellin said. The family did not have a phone, so a neighbor called 911 at the request of the defendant.
The boy also had multiple wounds, including 12 separate brain injuries, and police found a bloody towel and blouse in a trash bag in the home, along with discarded soiled children's pajamas, Yellin said.
Jurors said one member of the panel did not believe any of the evidence, including testimony from a DNA expert who determined the boy's blood was on the towel thrown in the trash.
Deputy Public Defender Celia Laureles said Morales and Guzman were having trouble making ends meet and that an expert diagnosed Morales with "battered woman's syndrome," which is a type of post-traumatic stress disorder.
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