Mother in South Dos Palos child abuse case could be out of prison next year
Accused pleads no contest
A South Dos Palos woman accused of horribly abusing her
5-year-old autistic son has been sentenced to eight years in prison --
although she could be free by the end of next year.
Martha Franco, 47, pleaded no contest to felony child abuse plus an enhancement for causing great bodily injury to a child.
Merced County sheriff's deputies arrested Franco on May 22, 2007, a day after she called 911 to report her son, Saulo, was unconscious at her home in the 21000 block of Squire Avenue.
Martha Franco, 47, pleaded no contest to felony child abuse plus an enhancement for causing great bodily injury to a child.
Merced County sheriff's deputies arrested Franco on May 22, 2007, a day after she called 911 to report her son, Saulo, was unconscious at her home in the 21000 block of Squire Avenue.
Merced Sun-Star - Martha Franco
According to a sheriff's investigation report, Franco admitted
abusing the boy but was careful not to kill him so she wouldn't lose a
$2,000-a-month government subsidy she received for his care.
As part of the plea agreement, Franco was sentenced to eight years in prison. Because she's been in jail since 2007, however, with time served and other credits she could be released in about a year and a half, according to Deputy Public Defender Sean Howard, her attorney.
Before the plea agreement, Franco had faced a deluge of charges that could have put her behind bars for life. Those charges included attempted murder, torture, aggravated mayhem and child endangerment.
Prosecutors later filed an amended complaint with less severe charges. Chief Deputy District Attorney John Goold said the attempted murder charge was dropped because there was no proof of specific intent to kill in the case.
There were similar issues with the other severe charges. "We could not prove the elements of torture with the facts we had," Goold wrote in an email. "It is a specific intent crime requiring the illegal act be done with 'sadistic' purpose."
Still, Goold said injuries to the child justified a prison sentence and treatment as a strike. He said the defendant's lack of a criminal record before her 2007 arrest was also a factor in the plea agreement.
Howard staunchly maintained his client was suffering from depression and was trying to care for four children, two of whom are disabled, with little support from her husband. Howard said the child had been recently released to Franco from a Fresno care facility, and required 24/7 medical attention because of numerous health complications he'd suffered since birth.
The child never should have been sent from the care facility, according to Howard, saying his client was overwhelmed. "She unfortunately was not able to corral the responsibilities that she had," he said.
Howard also cast doubt upon the statements Franco made to deputies after her arrest, saying his client was highly stressed and merely told law enforcement what they wanted to hear. Regardless, Howard said his client has acknowledged responsibility, adding that it's a sad, tragic case. "I hope she can get some semblance of her life back in order," he said.
When asked about Franco's admissions to abusing the boy -- and not killing him so she wouldn't lose a government subsidy -- Howard said his client maintains those statements in the sheriff's report were taken completely out of context.
According to a sheriff's investigation report, after the boy was taken to the hospital in a coma, doctors discovered he suffered a massive head injury that pushed the left side of his brain to the right side of his skull. He also had several burn marks on his face and bite marks, scratches and bruises across his body, according to the investigation report.
The child, Saulo Franco, died at the age of 8, about three years after his mother's arrest. Goold said it's unknown whether the child died as a result of injuries suffered at the hands of Franco.
"The child was born with serious medical issues and lived in the hospital and treatment facilities for the first several years of his life," Goold said. "He required continual special care. It's impossible to prove beyond a reasonable doubt whether he died as a result of his own medical issues or the defendant's actions."
Howard said the child died because of complications he'd suffered since birth. Howard said his client is "devastated" by her son's death. She also told the judge that she plans to visit the child in the cemetery after she's released.
Jose Franco, the defendant's husband, pleaded no contest in 2007 to charges of failing to intervene in the alleged abuse. He was sentenced to 90 days in jail and two years' probation. Howard said the couple's remaining children are being cared for by Jose Franco.
Managing Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsunstar.com.
As part of the plea agreement, Franco was sentenced to eight years in prison. Because she's been in jail since 2007, however, with time served and other credits she could be released in about a year and a half, according to Deputy Public Defender Sean Howard, her attorney.
Before the plea agreement, Franco had faced a deluge of charges that could have put her behind bars for life. Those charges included attempted murder, torture, aggravated mayhem and child endangerment.
Prosecutors later filed an amended complaint with less severe charges. Chief Deputy District Attorney John Goold said the attempted murder charge was dropped because there was no proof of specific intent to kill in the case.
There were similar issues with the other severe charges. "We could not prove the elements of torture with the facts we had," Goold wrote in an email. "It is a specific intent crime requiring the illegal act be done with 'sadistic' purpose."
Still, Goold said injuries to the child justified a prison sentence and treatment as a strike. He said the defendant's lack of a criminal record before her 2007 arrest was also a factor in the plea agreement.
Howard staunchly maintained his client was suffering from depression and was trying to care for four children, two of whom are disabled, with little support from her husband. Howard said the child had been recently released to Franco from a Fresno care facility, and required 24/7 medical attention because of numerous health complications he'd suffered since birth.
The child never should have been sent from the care facility, according to Howard, saying his client was overwhelmed. "She unfortunately was not able to corral the responsibilities that she had," he said.
Howard also cast doubt upon the statements Franco made to deputies after her arrest, saying his client was highly stressed and merely told law enforcement what they wanted to hear. Regardless, Howard said his client has acknowledged responsibility, adding that it's a sad, tragic case. "I hope she can get some semblance of her life back in order," he said.
When asked about Franco's admissions to abusing the boy -- and not killing him so she wouldn't lose a government subsidy -- Howard said his client maintains those statements in the sheriff's report were taken completely out of context.
According to a sheriff's investigation report, after the boy was taken to the hospital in a coma, doctors discovered he suffered a massive head injury that pushed the left side of his brain to the right side of his skull. He also had several burn marks on his face and bite marks, scratches and bruises across his body, according to the investigation report.
The child, Saulo Franco, died at the age of 8, about three years after his mother's arrest. Goold said it's unknown whether the child died as a result of injuries suffered at the hands of Franco.
"The child was born with serious medical issues and lived in the hospital and treatment facilities for the first several years of his life," Goold said. "He required continual special care. It's impossible to prove beyond a reasonable doubt whether he died as a result of his own medical issues or the defendant's actions."
Howard said the child died because of complications he'd suffered since birth. Howard said his client is "devastated" by her son's death. She also told the judge that she plans to visit the child in the cemetery after she's released.
Jose Franco, the defendant's husband, pleaded no contest in 2007 to charges of failing to intervene in the alleged abuse. He was sentenced to 90 days in jail and two years' probation. Howard said the couple's remaining children are being cared for by Jose Franco.
Managing Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsunstar.com.
Read more here: http://www.mercedsunstar.com/2012/03/05/2255836/mother-in-south-dos-palos-child.html#storylink=cpy
No comments:
Post a Comment