Delhi mother, boyfriend to stand trial for toddler’s death | The Merced Sun-Star

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MERCED

A Delhi mother and her boyfriend on Wednesday were ordered to stand trial for the 2014 death of the woman’s 2-year-old daughter.

Kalena M. Olson, 22, and Sergio A. Zamora, 24, have pleaded not guilty to charges of murder and assault on a child causing death in connection with the death of Olson’s daughter, Hennessy Fagin. Olson faces additional felony counts of child abuse.

Both defendants, if convicted, face possible life-prison sentences with the possibility of parole, the Merced County District Attorney’s Office said.

Hennessy Fagin died April 21, 2014, at a home in the 9600 block of Hillside Drive in Delhi. Olson and Zamora were arrested in August following a four-month investigation.

The Merced County Coroner’s Office ruled the child’s death a homicide, saying she appeared to have suffered repeated physical abuse over an extended period, according to a report filed by the Merced County Sheriff’s Department.

Sheriff’s detectives said the child’s 3-year-old sister also appeared to have been abused repeatedly. The 3-year-old girl was placed in the custody of Child Protective Services in April 2014.

Judge Marc A. Garcia on Wednesday ordered both defendants to stand trial on all charges following a two-day preliminary hearing in Merced County Superior Court. Both defendants are scheduled to return to court Jan. 20 for further proceedings.

The judge, in his ruling, referenced the testimony of Dr. Mark Super, the Merced County pathologist. Super testified Wednesday that the child had numerous injuries from continuous abuse.

“I’m surprised she lived as long as she did with all the injuries she had,” Super said on the witness stand.

Super, however, could not say what specifically caused the child’s death, noting it was “most likely” due to asphyxia. He did not testify about any of the injuries allegedly suffered by the 3-year-old girl.

Olson’s attorney, Tom Pfeiff, said the pathologist could not link any specific injuries the child suffered to either defendant directly.

Steve Slocum, the supervising deputy district attorney prosecuting the case, said while there’s “no smoking gun” injury in the case, he believed there was enough evidence of physical abuse to charge Olson and Zamora with murder.

“It’s based on the totality of the autopsy; the physical abuse, such as the looped whip marks, the lack of oxygen to her brain and the injuries to her neck,” Slocum said. “Regardless of which one committed the (final) act, both are responsible; both have a duty to as a parent and a caretaker to care for the child and by failing to act (protectively), they committed an act.”

Detective Sam Sanchez, the lead investigator in the case, testified about the abuse the children allegedly suffered. Sanchez said the children were slapped and given “extended timeouts for hours; all day.” Sanchez also said investigators learned the 3-year-old child had once been placed on some type of diet by Zamora.

“They just thought it was bizarre that a (toddler) would be on a diet,” Sanchez testified.

Zamora’s attorney, Deputy Public Defender Sean Howard, noted detectives did not have specific information regarding the diet, suggesting “it could’ve been a healthy diet.” Sanchez indicated authorities believed the diet was unhealthy and resulted in “significant weight loss.”

Olson and Zamora, when questioned in April, denied knowing how the child died. Olson’s story changed, however, following her arrest in August. She told deputies she was “convinced” Zamora was responsible for the toddler’s death, saying she saw him abuse the girl that same night, according to the investigator’s report filed in court.

Olson’s accusations against Zamora did not come up during the preliminary hearing.

Both defendants remain in custody at the John Latorraca Correctional Facility in lieu of $1.1 million bail each.

Read more here: http://www.mercedsunstar.com/news/local/crime/article5588496.html#storylink=cpy

http://www.mercedsunstar.com/news/local/crime/article5588496.html

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