A woman whose 5-year-old daughter weighed less than 20 pounds in 2015 due to what a judge said was the singling out of the girl for mistreatment because of her cerebral palsy was sentenced Monday to life in prison.
Christina Calhoun, 27, was charged with child neglect after Tulsa police and the Oklahoma Department of Human Services received a report from Saint Francis Hospital in November 2015 indicating that the child weighed only 19 pounds and was “severely dehydrated,” as well as “extremely malnourished.”
Calhoun’s now-estranged husband, Victor Castro-Huerta, also faced a child-neglect charge and was sentenced Nov. 29 to 35 years in prison after a jury found him guilty.
Calhoun had entered an Alford plea to her neglect charge, which allowed her to maintain her innocence while acknowledging the possibility that a judge or jury could find her guilty based on the available evidence.
In deciding on the maximum punishment, District Judge William LaFortune said he determined that Calhoun and Castro-Huerta “had singled out the child due to her special needs” based at least in part on evidence that all the other children in their home were apparently healthy and happy.
The girl, now 7, has cerebral palsy, seizures, limited vision and lifelong gastrointestinal issues that doctors who evaluated her said were caused by extended starvation.
LaFortune noted that the girl, unlike the other children under the couple’s care, was forced to sleep on a dirty bed, had bugs crawling on her, did not have food available for her and smelled of feces upon her arrival at Saint Francis Hospital.
”She gave her no life and nearly killed her, and she deserves to go to prison for life,” Assistant District Attorney Andrea Brown said. During the hearing Brown played a short clip of the girl, who has since been adopted by another couple, playing with a sibling at her new home and said it is obvious the child can still enjoy life despite her physical obstacles.
Brown contended that Calhoun essentially “gave up” caring for her daughter and refused to accept help from various social services organizations, and she pointed out that Calhoun had been named in several Department of Human Services referrals for neglect.
”Any adult who was responsible for (the girl) should have immediately sought medical attention,” she said of the girl’s weight. “She (Calhoun) made the conscious choice to have (her daughter) suffer instead.”
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Defense attorney M.J. Denman asked LaFortune for leniency, arguing that there was no evidence of maliciousness nor was there evidence to prove that Calhoun does not love her daughter. Denman said his client has depression and was “frustrated” with caring for multiple children while also pregnant, and he alleged that Castro-Huerta was abusive. He added that Calhoun had paperwork that would have put the girl up for adoption but said she was shamed by other family members and subsequently backed out of doing so.
The child’s adoptive mother testified that she is now able to communicate basic needs and is going to school but must receive sustenance through Total Parenteral Nutrition, which provides nutrients intravenously. Although the method has helped the girl achieve her current weight of nearly 50 pounds, her adoptive mother told the court the formula is damaging her organs and answered in the affirmative when Brown asked if it was slowly killing her as a result.