Tazzzz
February 9th, 2009, 11:25 PM
Ernesto Benitez Hernandez, 38
http://cdntn.madison.com/images/articles/wsj/2008/12/11/94675.jpg
According to a search warrant filing, Benitez Hernandez was upset with the infant's mother over the issue of paternity. The baby's mother, Erica Arellano, was trying to convince Benitez Hernandez the child was his
Testimony: Man threw 1-year-old against wall and that injury caused death
The man accused of killing a 1-year-old child in Madison in 1999 admitted to a friend that he had thrown the baby against a wall, and that would produce the type of injuries which killed the child, testimony showed at a preliminary hearing Monday.
Ernesto Benitez Hernandez, 38, was ordered to stand trial on a charge of first degree intentional homicide after the hearing, when Dane County Circuit Court Judge Dan Moeser ruled the prosecution had produced sufficient evidence to show "there is probable cause to believe the defendant committed the felony he is charged with."
Deputy District Attorney Judy Schwaemle called only two witnesses to the stand in the hearing, Angelina Montes, who said Benitez Hernandez confessed his actions to her and Dr. Barbara Knox, a pediatrician from University Hospital who is considered an expert in child abuse.
Montes testified that she and her husband and three children were living in an apartment on Waterford Circle on the west side and that Benitez Hernandez, his girlfriend Erica Arellano, and Erica's daughter Maria Fernanda Hernandez were also living in the apartment.
Montes said that she did not recall the exact words used by Benitez Hernandez, but said he told her in the apartment and at University Hospital after Maria was taken there that he had thrown the little girl against the wall in the room he shared with her mother.
Benitez Hernandez and Arellano fled Madison after the hospital called them the night the baby was admitted to say she had taken a turn for the worse, and Benitez Hernandez was arrested late last year after a tipster told Mexican police where he had been residing. After his arrest he was extradited back to Madison to face the murder charge.
In court Monday, Benitez Hernandez sat quietly listening to translators and showed no emotion when a picture of Maria lying in a hospital bed was shown to his attorneys.
Montes, meanwhile, said she remembered being asleep when Benitez Hernandez woke her up to tell her he had thrown the baby against the wall.
Maria was hospitalized after she repeatedly was vomiting, became dehydrated and was lethargic, and the Monteses accompanied Benitez Hernandez and Erica to the hospital. Benitez Hernandez appeared "scared" at the hospital, Montes testified, "about what was wrong with the little girl because of the beatings."
Under cross examination by defense attorney John Tradewell, Montes admitted that Maria was left in the apartment with Montes' three children, the oldest of whom was 9, when the four adults made a trip to Chicago.
Montes said the group left at night and returned the next day, and left bottles next to the baby so she had food. But she disagreed that one of her children could have caused the injuries to the baby, including a series of bite marks found on the child.
Knox said the serious head wounds suffered by the child were the obvious cause of death. "She died of abusive head trauma," Knox said, adding that the injuries were consistent with a child being thrown against a wall.
When pressed by defense attorney Luis Cuevas as to the cause of the injuries, Knox said "I can say to a reasonable degree of medical certainty the injuries were intentional."
She also said it appeared "certain bite marks," found on Maria when she was hospitalized, "did not appear to be consistent with (being made) by a small child."
Knox also said the child probably suffered the injuries within 24 hours of being brought to the hospital. She was taken to the hospital on Sept. 18, 1999, and became worse that night and was rushed to the pediatric intensive care unit and underwent brain surgery.
Maria never regained consciousness and was diagnosed as brain dead and taken off life support systems on Sept. 20, Knox said.
If convicted of first degree intentional homicide, Benitez Hernandez would be sentenced to life in prison and the trial judge would determine when, if ever, he would be eligible for parole after serving at least 20 years.
http://www.madison.com/tct/news/stories/437580
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Maria Fernanda Hernandez, Rest in Peace Baby Girl.
http://cdntn.madison.com/images/articles/wsj/2008/12/11/94675.jpg
According to a search warrant filing, Benitez Hernandez was upset with the infant's mother over the issue of paternity. The baby's mother, Erica Arellano, was trying to convince Benitez Hernandez the child was his
Testimony: Man threw 1-year-old against wall and that injury caused death
The man accused of killing a 1-year-old child in Madison in 1999 admitted to a friend that he had thrown the baby against a wall, and that would produce the type of injuries which killed the child, testimony showed at a preliminary hearing Monday.
Ernesto Benitez Hernandez, 38, was ordered to stand trial on a charge of first degree intentional homicide after the hearing, when Dane County Circuit Court Judge Dan Moeser ruled the prosecution had produced sufficient evidence to show "there is probable cause to believe the defendant committed the felony he is charged with."
Deputy District Attorney Judy Schwaemle called only two witnesses to the stand in the hearing, Angelina Montes, who said Benitez Hernandez confessed his actions to her and Dr. Barbara Knox, a pediatrician from University Hospital who is considered an expert in child abuse.
Montes testified that she and her husband and three children were living in an apartment on Waterford Circle on the west side and that Benitez Hernandez, his girlfriend Erica Arellano, and Erica's daughter Maria Fernanda Hernandez were also living in the apartment.
Montes said that she did not recall the exact words used by Benitez Hernandez, but said he told her in the apartment and at University Hospital after Maria was taken there that he had thrown the little girl against the wall in the room he shared with her mother.
Benitez Hernandez and Arellano fled Madison after the hospital called them the night the baby was admitted to say she had taken a turn for the worse, and Benitez Hernandez was arrested late last year after a tipster told Mexican police where he had been residing. After his arrest he was extradited back to Madison to face the murder charge.
In court Monday, Benitez Hernandez sat quietly listening to translators and showed no emotion when a picture of Maria lying in a hospital bed was shown to his attorneys.
Montes, meanwhile, said she remembered being asleep when Benitez Hernandez woke her up to tell her he had thrown the baby against the wall.
Maria was hospitalized after she repeatedly was vomiting, became dehydrated and was lethargic, and the Monteses accompanied Benitez Hernandez and Erica to the hospital. Benitez Hernandez appeared "scared" at the hospital, Montes testified, "about what was wrong with the little girl because of the beatings."
Under cross examination by defense attorney John Tradewell, Montes admitted that Maria was left in the apartment with Montes' three children, the oldest of whom was 9, when the four adults made a trip to Chicago.
Montes said the group left at night and returned the next day, and left bottles next to the baby so she had food. But she disagreed that one of her children could have caused the injuries to the baby, including a series of bite marks found on the child.
Knox said the serious head wounds suffered by the child were the obvious cause of death. "She died of abusive head trauma," Knox said, adding that the injuries were consistent with a child being thrown against a wall.
When pressed by defense attorney Luis Cuevas as to the cause of the injuries, Knox said "I can say to a reasonable degree of medical certainty the injuries were intentional."
She also said it appeared "certain bite marks," found on Maria when she was hospitalized, "did not appear to be consistent with (being made) by a small child."
Knox also said the child probably suffered the injuries within 24 hours of being brought to the hospital. She was taken to the hospital on Sept. 18, 1999, and became worse that night and was rushed to the pediatric intensive care unit and underwent brain surgery.
Maria never regained consciousness and was diagnosed as brain dead and taken off life support systems on Sept. 20, Knox said.
If convicted of first degree intentional homicide, Benitez Hernandez would be sentenced to life in prison and the trial judge would determine when, if ever, he would be eligible for parole after serving at least 20 years.
http://www.madison.com/tct/news/stories/437580
++++++++++++++++++++++++++++++++++++++++++++++++++ +
Maria Fernanda Hernandez, Rest in Peace Baby Girl.