Newborn OK after birth in dog pen

[Tonya]

There are alot of Portuguese here. They may be referring to them because we have just as many Portuguese as Mexican farm laborers in this area. They make the story a bit confusing with that. But perhaps they weren't sure what she was.

For one, she obviously isn't in her right mind to give birth in a dog pen. If she was a cold blooded murderer she would have done a better job hiding it.

Also, I think it is so horrible that she doesn't have a decent form of communication. That is neglet right there.

And who in the heck got her pregnant? It wouldn't suprise me if she was raped. Someone probably thought she'd be an easy target since she cannot speak and isn't completly there in the mind.

I think that the poor thing was just really scared and didn't know what to do. I feel really bad for her.

[micki76]

Originally posted by Twisterdog
Obviously, though, the situation this woman lives in now isn't working for her. If she is so mentally disabled that she can't comprehend murder, then she needs to be institutionalized for life. Obviously, her family isn't doing a real swell job of watching out for her, whatever the reasons may be. If she is judged to be mentally astute enough to understand her own actions, then, yes, she is an attempted murderer and deserves prison time - deaf or not.

Thank you for saying that so much better than I did Twister. Either way she needs to be in an institution.

[Tonya]

Well said, Twisterdog. She needs help of some kind.

[babolaypo65]

I'm glad to see this conversation has continued (and equally glad I got a good night's sleep). I'll keep following it in the deaf newspapers, and will post anything that is pertinent. Tonya, I hope you'll do the same for the local papers.
It's sad, you know, because if she WAS a normal deaf kid, then all of this may have been completely avoidable.
A deaf kid who has access to language and communication (who doesn't have other disabilities) is just a kid who uses a different form of language.
A deaf (or hearing) child who is denied language is sentenced to a very different life.

I hope the Modesto police take a good look at the entire situation, and make sure that if this woman *should* go to prison that she does, and if she truly didn't understand, then I hope she is removed from that home and placed somewhere that she can at least develop some communication skills.

[Tonya]

FYI:

Our newspaper site is www.modbee.com It'll more then likely stay under local news on the left hand side.

[Tonya]

Child endangerment case pushed back

Martinez Dionicio
By MICHAEL MELLO
BEE STAFF WRITER


Last Updated: November 20, 2003, 08:58:22 AM PST


MERCED -- A judge Wednesday delayed the arraignment of a woman accused of stuffing toilet tissue down her newborn child's throat.
The delay is until Friday while authorities try to figure out how to communicate with the defendant, who is deaf and mute, and can't read or write.

The Merced County district attorney's office filed charges of felony child endangerment against Juliana Martinez Dionicio, 24, on Wednesday afternoon.

According to Livingston police, Martinez Dionicio crawled into a dog pen near her father's home and gave birth to a girl, then shoved toilet paper down the newborn's throat in an attempt to kill her. Family members say Martinez Dionicio, a native of Oaxaca, Mexico, can't speak, read or write in Spanish or Trique, the language of her indigenous tribe.

At a court appearance Wednesday, Public Defender Wayne Eisenhart told Superior Court Judge Robert Quall that only the woman's family members are able to communicate with her, and the arraignment should be continued so the woman's father could attend.

Livingston police arrested Martinez Dionicio on Sunday on suspicion of attempted murder. Deputy District Attorney Bruce Gilbert, who filed the child endangerment complaint, said an attempted murder charge may be added after medical reports on the baby's injuries become available.

"After the (preliminary hearing), we can either file more serious charges or less serious charges," Gilbert said. But now, "we're definitely going with the felony child endangerment. Even if the child doesn't have any permanent (injuries), it's still child endangerment."

The nonprofit Deaf and Hard of Hearing Service Center in Merced is trying to bring in a deaf interpreter to help with the proceedings, advocate Terri Welch said. A deaf interpreter uses gestures, rather than sign language, to try to communicate with someone who doesn't know sign language, she said.

"We're trying to make sure that (Martinez Dionicio) has communication of some sort" and can understand the court process, Welch said.

Martinez Dionicio will remain in Merced County's Sandy Mush Adult Correctional Facility in lieu of $500,000 bail.

Family members said the Trique have a simple diet based mostly on corn, and don't regularly eat sugar.

Jail Cmdr. Bill Atkinson said Martinez Dionicio hasn't turned away the jail's food, which is "heavily starch." She seems to be doing well, he said, and is being held in a cell near one of the jail's command centers.

"We are having a difficult time communicating with her," Atkinson admitted, adding that correctional officers will work with the Deaf and Hard of Hearing Service Center to ease those difficulties. In addition, a cellmate placed with Martinez Dionicio has been able to communicate with her in a limited fashion with gestures, Atkinson said.

Here is a picture of her:

[babolaypo65]

Thanks for this. I'm going to pass it along to others. I hope the deaf relay interpreter will be able to communicate with her.

[Twisterdog]

Family members said the Trique have a simple diet based mostly on corn, and don't regularly eat sugar.

Am I missing something? Did this line seem rather out of place? Does it have anything to do with this case? Hmmmmm.....

[Tonya]

The father was worried about how she would cope with jail food. I read it in another article that I can't seem to find.

[Twisterdog]

Originally posted by Tonya
The father was worried about how she would cope with jail food. I read it in another article that I can't seem to find.

Oh, ok, I see now. Thanks.

[CathyBogart]

The more I think about this, the more I agree that the mother should be taken somewhere where she can learn some communication skills. Prison is going to do nothing for her if she doesn't understand what she's done.

[Twisterdog]

Originally posted by WolfChan
The more I think about this, the more I agree that the mother should be taken somewhere where she can learn some communication skills. Prison is going to do nothing for her if she doesn't understand what she's done.

I think the problem will lie however, in determining the difference between her not understanding how to communicate, and not understanding right from wrong.

If she is mentally capable of understanding right vs. wrong, nurturing vs. murdering ... then she attempted to murder an innocent newborn in cold blood. Whether or not she has the power of speech or sign language does not change this.

However, if she is completely incapable of understanding what she did (which, frankly, takes someone VERY far gone, IMO) then sure, she needs help and a place to go to live out her life with supervision.

Disabled people understand death and killing. Handicapped people understand murder. She was certainly mentally astute enough to understand that shoving toilet paper down the throat of someone not capable of removing it will cut off the airflow and kill that person, right?

I just don't want to see the facts confused. Just because she can't speak or communicate does not automatically mean she does not comprehend killing. She may not ... but it needs to be determined.

[babolaypo65]

All unvavoidable had the family spent some time giving this young woman a language. Even without schooling she would have done much, much better.
It's going to be a long hard ordeal trying to figure out what she knows and what she doesn't. when EVERYTHING you know about the world comes from just watching, you make some funny connections. I had a student once, who DID have language, but not at home (his family never learned to sign, and he didn't read lips). ANYWAY, we were working in class and he pointed out (high shool) that a teacher had just bought a black car. He said that was stupid. I asked why. He said it's because black cars have more engine problems than other cars. His family had had a black car and it always broke down. Their other didnt. They bought a second black car. It broke down a lot. He said the blackness caused it. I asked, what would happen if I painted my light blue car black. His answer was that it would break down.

PS, I don't want to leave anyone with the impression that being deaf is in any way a mental disability. A deaf child who has adequate access to language and communication can do anything we do, can go to college if they'd like, can do and be anything.
A deaf child without adequate access to language in the first five years, who gets their first access to language in school is usually going to struggle with language, but will otherwise be okay. (This is the most common scenario. a kid arrives at school at 3-5 with not much and the school spends a lot of time playing catch up).

A deaf child who goes their whole LIFE (this woman is 24) without language is not going to understand much of how the world works.

It's a child abuse I see much too often.

[Tonya]

I'm not saying that she couldn't comprehend murder. She probably knew what she was doing to a point. I just feel really bad for her because she probably panicked. She was probably so terrified that she didn't know what to do.

If she'd had access to the assistance that alot of us do, and had been communicating all along about the baby, she would have been more prepared mentally to birth a child.

For all we know, she probably though aliens were coming out of her.

My mom had a horrible mother who never talked to her about anything. When my mom started her period in gym class at 15 years old, she went hysterical. She thought she was dying because of all the blood.

[babolaypo65]

I'll be curious to learn if she knew she was pregnant.
And if she knows sex caused it.
And who had sex with her.
SAD

Of course everyone in my field is on pins and needles now, waiting to see if she'll be found competent.