Dad pleads guilty to killing 2-month-old daughter (Santa Ana, California)

The guilty killer daddy: CHRISTIAN TRINIDAD GONZALEZ.

http://www.ocregister.com/news/gonzalez-309834-told-testified.html

Published: July 27, 2011 Updated: 3:30 p.m.

Father suddenly pleads guilty to killing baby

By VIK JOLLY / THE ORANGE COUNTY REGISTER

SANTA ANA – In a rare development, a man charged with killing his 2-month-old daughter pleaded guilty Wednesday after testifying for about two hours and as his murder trial neared conclusion.

Under a barrage of questions by the prosecutor, many of whom Christian Trinidad Gonzalez, 25, responded to by saying "I don't recall" through a Spanish interpreter, the defendant suddenly asked to speak with his attorney, halting the proceedings and sending jurors to an early lunch.

Gonzalez agreed to plead guilty to second-degree murder, and prosecutors dropped a second count of child abuse.

Superior Court Judge William Froeberg ordered him to serve 15 years to life in prison after Gonzalez agreed he willfully threw his daughter Iliana against a couch and his action caused her death.

"In my opinion, this was a just and reasonable resolution of this case," Froeberg said after taking the plea. "After hearing Mr. Gonzalez's testimony, I do not believe there is any reasonable possibility that he would have been found not guilty and this case in my opinion does not rise to the level of a sentence of 25 years to life."

That's the sentence for first-degree murder.

On the stand Wednesday morning, Gonzalez testified that he told police different versions of what happened, including that he threw the baby against the couch and shook her because he was worried his daughters were being taken.

Under cross examination, he said "I don't recall" to numerous questions.

Gonzalez was charged with one count of murder and one count of assault on a child with force likely to produce great bodily injury resulting in death, both felonies.

Showing jurors photos of the Santa Ana apartment couch against which Gonzalez threw the child, Senior Deputy District Attorney Steve McGreevy told them last week that the defendant's account of what happened the day Iliana got injured kept evolving.

The father of two, who was dealing with money issues and suffered from headaches, the prosecutor said, demonstrated to police using a teddy bear how he threw Iliana against the couch, causing injuries that led to her death.

Senior Deputy Public Defender Lisa Eyanson said her client, who shook Iliana causing further injury, told jurors in her opening remarks that Gonzalez told authorities different stories about what transpired on March 17, 2009, because he wanted to reunite his family with social services stepping in and taking away his older daughter.

Eyanson declined to comment after the conviction, but the prosecutor said the defendant knew he was in a tight spot.

"He realized that what he was saying was not consistent with the facts in the case and what he did," McGreevy said.

Homicide cases sometimes end in guilty pleas by the accused after a jury has been picked but rarely at such a late stage in the trial.

Gonzalez testified he was feeding the baby that evening but she couldn't breathe very well, something the prosecutor challenged, saying he never told a 911 dispatcher anything about Iliana being sick.

Under further cross examination, Gonzalez said his daughter threw up twice that day, while the prosecutor said his wife had testified the child did not vomit.

"I don't recall," Gonzalez said of his wife's testimony, never looking toward the jury.

He also told his wife two different accounts of what happened, the prosecutor said: First that he left Iliana on the couch and returned to find her not breathing and then that the infant had fallen off the couch.

McGreevy zeroed in on why Gonzalez, as he testified, would leave alone an infant who was having difficulty breathing and go to the restroom, rather than call his wife who was about 24 feet away with their older daughter in the laundry room.

Did he consider putting the baby on a nearby swing with a belt rather than on the couch or call relatives from upstairs to watch her? Gonzalez answered no to both questions.

Gonzalez admitted to lying to police in about seven statements and one to a social worker because he said he thought if he shifted the blame to himself, he and his wife would get back their older daughter, who was taken away by Child Protective Services.

The day after Iliana was taken to the hospital, McGreevy asked, did he tell officers he shook her?

"Yes."

"Are you sure you didn't shake her?"

"No."

"Is there any reason prior to answering that question you looked at the defense table?"

"No."

At that point, Gonzalez asked to speak with his attorney. A short recess turned into a longer one, and the guilty plea followed.