Newborn OK after birth in dog pen

[Tonya]

Judge sets woman free in baby case

By MIKE CONWAY
BEE STAFF WRITER


Last Updated: November 25, 2003, 08:00:36 AM PST


MERCED -- A judge Monday evening ordered the release of a deaf-mute woman accused of endangering her newborn daughter, born in a neighbor's back yard in Livingston.
Juliana Martinez Dionicio, 24, had been in Merced County Jail since the Nov. 14 birth. Authorities said they found the baby girl with toilet tissue stuffed in her mouth.

At Dionicio's continued arraignment Monday, the district attorney's office indicated that it will drop the case against Dionicio if continuing investigation reveals that her intended use of the tissue was to clean blood from her baby's mouth.

"This is a complicated situation," retired Superior Court Judge William T. Ivey said.

He continued Dionicio's arraignment until Wednesday morning. That same day, the judge said, he will hold a hearing on what will happen with her baby. The infant remained hospitalized Monday, reported to be in improved condition.

Dionicio does not know sign language, nor does she read or write in English, Spanish or Trique, the language of her people in Oaxaca, Mexico.

Monday, a Spanish translator relayed questions to a Trique translator who then spoke with Dionicio's sister, Rosa Martinez, who used gestures to communicate with Dionicio. A sign language translator also helped.

Before the court appearance, attorneys on both sides huddled with Dionicio and her family and translators, trying to figure out the circumstances of the birth. Dionicio smiled when shown her baby's photo and appeared able to lip-read Spanish to a degree.

Authorities said they found Dionicio in the neighbor's dog pen, where they said Dionicio had given birth. The baby was propped up nearby; firefighters said the infant was in critical condition, suffering from hypothermia.

Through translators, Dionicio conveyed that she had used tissue to try to clean blood from her baby's mouth.

"Based on what we have learned at this point, it would appear very unlikely that we would be able to obtain a conviction," Chief Deputy District Attorney Larry Morse II said.

He said the case could be dropped if Dionicio does not understand what is happening to her in the legal system.

"Her contention is she was raped, and I think it is very likely true," Morse said. Family members have said they did not know that Dionicio was pregnant.

Morse said he would contact prosecutors in a neighboring county with information on a suspect identified by Dionicio and her family.

Public Defender Wayne Eisenhart said: "It would appear Juliana is a victim of a crime, and the district attorney's office recognizes that fact. We're appreciative of them allowing her release today.

"My guess is the criminal charges will be dismissed."

Dionicio, somber most of the afternoon, waved and smiled at Morse as sheriff's deputies led her away -- and toward the processing that would gain her release.

[micki76]

I continue to be disgusted by this.

Just let her free? Completely free? No help, no punishment, no nothing? Sick. I'll bet she gets her baby back eventually, too.

[Tonya]

I hope she gets help. It sounds to me like they are still investigating.

[babolaypo65]

With much trepidation, I decided to post this. I've deleted it several times.
I spoke with a certified DEAF interpreter, a deaf friend/colleague who interprets in situations where the deaf person does not have any formal language. (FYI we often use relay interpreters in these situations. Ie the "defendant" signs to the deaf relay interpreter, who signs to the hearing interpreter who then speaks English to the judge (or whoever). My colleague thought that considering the situation the deaf woman's reaction was not surprising.

The likely lives in a world where all her information comes to her visually. She is then left to connect the dots. No one explains things to her. No one says where people go when they leave. They leave. they reappear. Period. Things happen, no one says to her how or why. Light happens, dark happens, she likely has no concept of night, day, sun, rotation....
you see where I'm going. I have MET people whose lives are like this.

My colleague's contention is this: she is a farm worker. She has likely SEEN birth before. Birth of animals. She MAY have known she was going to give birth and MAY have gone to the place she had seen birth happen before. The animal pen. If she hasnt seen folks to to the hospital (we dont know if she's seen movies, tv...)... she may have thought she was doing what was done. Oh, this conversation with my colleage was three days ago, she also thought cleaning the mouth out with tissue was logical...

I apologize if I've offended.

[Twisterdog]

Originally posted by micki76
I continue to be disgusted by this.

Just let her free? Completely free? No help, no punishment, no nothing? Sick. I'll bet she gets her baby back eventually, too.

I agree. Obviously "free" did not work for this woman in any sense of the word - she cannot communicate, was raped, and gave birth in a dog pen, where her newborn almost died.

Whatever the clinical diagnosis, this woman obviously needs some help, serious help. Releasing her into the same mess she came out of is stupid, and cruel.

[babolaypo65]

Originally posted by Twisterdog

Whatever the clinical diagnosis, this woman obviously needs some help, serious help. Releasing her into the same mess she came out of is stupid, and cruel.

I agree wholeheartedly.

[Tonya]

My colleague's contention is this: she is a farm worker. She has likely SEEN birth before. Birth of animals. She MAY have known she was going to give birth and MAY have gone to the place she had seen birth happen before. The animal pen. If she hasnt seen folks to to the hospital (we dont know if she's seen movies, tv...)... she may have thought she was doing what was done. Oh, this conversation with my colleage was three days ago, she also thought cleaning the mouth out with tissue was logical...

That sounds very possible. That poor thing, and poor baby. I feel so bad for them.