Dad on trial for murder of 20-month-old daughter (San Luis Obispo, California)

Dad FERMIN BRITO PALACIOS is on trial for killing his 20-month-old daughter. This baby was horribly neglected (the baby was apparently left gagged in a closet while Dad was at work) and abused before Dad allegedly struck her in the chest and killed her in 2007.

http://www.sanluisobispo.com/news/local/story/815462.html

Posted on Thu, Aug. 13, 2009
Father admitted killing girl, Atascadero detective testifies
Nick Wilson

Investigators testified Thursday that a father told them he was responsible for the death of his 20-month-old baby.

On the first day of testimony from prosecution witnesses, the defense attorney representing Fermin Brito Palacios questioned police interview techniques.

Palacios, 29, is charged with second-degree murder, felony assault on a child under the age of 8 and child endangerment in connection with the death of his daughter, Natalia Brito.

The child was pronounced dead at Twin Cities Community Hospital in Templeton in June 2007. Palacios has pleaded not guilty.

Atascadero Police detective Rene Vasquez testified that Palacios told him in Spanish that after playing with his daughter on June 24 and allegedly striking her in the chest area with his palm, he left his home in Atascadero for dinner and to spend time with friends.

Palacios’ wife, Arianne Merce Brito, later informed him that she’d taken Natalia to the hospital and that the infant had died.

Vasquez testified that Palacios related how his wife told him to escape, and he left for Santa Barbara — where police found him.

“He said he thought his blow caused the death,” Vasquez testified. Brito is being prosecuted separately from her husband; her trial has not begun.

Vasquez said that during his questioning, Palacios admitted multiple times that he was responsible for the baby’s death.

The detective said Palacios also admitted a history of using cocaine and marijuana, as well as striking the child with a belt, a screwdriver and his hands.

Prosecutor Jackie Duffy presented photos of the child that investigators said showed bruises — including marks on the baby’s arms and hip. Defense attorney Linden Mackaoui asked Vasquez if the photos had been magnified to show the bruises and the detective said yes.

Vasquez said that Palacios told him that, when he lived with a roommate in Shell Beach who disapproved of his wife and child staying there, he gagged the child with a towel, put her in a closet and left her unattended for hours at a time when he went to work.

In addition, Vasquez said Palacios told him that on the day his daughter died, he left her by herself in a “corral” of furniture before leaving for work.

When he returned early that evening, Palacios played with his daughter and allegedly hit her in the chest.

Mackaoui spent much of the afternoon questioning Vasquez about police interview techniques.

Under examination, the detective said police are allowed to lie and ask leading questions to obtain the truth.

Mackaoui implied in a courtroom discussion after the jury left the room that medical evidence would show his client isn’t responsible for the death. The trial continues today before Superior Court Judge Charles S. Crandall.