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Saturday, May 18, 2013 | 9:35 p.m.

In The Courtroom

Posted: 4:43 p.m. Wednesday, Oct. 10, 2012

Yara Perez:Day 2 

By Martina Valverde

Well, today's testimony had never been heard before, unlike yesterday's. It was back in March that Judge Angie Juarez Barill declared a mistrial when one of the jurors overheard a guard at the El Paso County Courthouse say, "She shouldn't get away with this." That juror then told the other jurors before telling the bailiff, thus the judge felt the jury was tainted.

So fast-forward seven months and here we are, finally hearing Day 2 testimony.

When I walked in, Detective Erik Messer of the El Paso Police Department was on the stand. He testified about pictures of Perez, in what appears to be agony, with brown paper bags on her hands. Messer said that was to preserve any potential evidence. In one of the pictures, there is on blood spot on the left shoulder of the blue tank top she was wearing.

Messer also said when questioning Perez, she appeared to be upset but was not crying.

Now of course, Perez is the woman accused of killing her 3-yaer-old daughter, Jacqueline Gonzalez, back on Nov. 19, 2007. The body was found stuffed into a blue plastic box in the trunk of Perez's car.

Messer also testified that Perez told him she feared her then-boyfriend, Francisco Castaneda. He's currently serving a life sentence for his role in the crime.


Next on the stand was Detective
Arturo Ruiz, also of EPPD. He said he was the detective who booked Castaneda and Perez into the county jail. He said there was an exchange of words between the two.

He said Castaneda told Perez, "I'm sorry for putting you through this."

To which Ruiz said Perez replied, "Just tell them the truth."

He said there were no other words exchanged. However, in cross examination, Ruiz said after Perez asked him to tell the truth, Castaneda shook his head, "no."

Ruiz also testified that only Castaneda's fingerprints were found on the blue plastic bin. He testified the blanket baby Jackie was wrapped up in had DNA belonging to Perez.

That took the prosecutors to their next witness, Cathey Serrano. She's a DNA forensic scientist for the Texas Department of Public Safety. She testified several pieces of evidence from the crime scene were examined.


She said bloodstains
from the bathroom trash can matched the DNA of Castaneda. She then testified DNA from the blanket Jackie was wrapped in had DNA from both Jackie and Perez.

"You can't say for sure when the DNA got there or how?" asked defense attorney Joe Spencer, to which the reply was no.

After a lunch break, there was testimony from two women who lived near Castaneda's mother's house. The women both testified they saw baby Jackie with Perez the day the body was found.

Next on the stand was Dr. Juan Contin. He is the county's interim chief medical examiner while the search for a permanent one is found.

He was asked by prosecutors to go line-by-line through Jackie's autopsy. Coinciding with that were several pictures of her body that showed bruises, too many to count -- her chin, face, legs, back, arms. Pictures also showed tears to her internal organs.

"So this was a painful way to die?" asked prosecutors.

"Yes," Contin answered.

During this testimony, Perez was weeping loudly and wiping her nose. The pictures even proved too much for one juror who looked down and slowly looked back up at several of the pictures.

Contin testified that someone with the injuries Jackie had would die about two hours later, but he said if she had gone to the emergency room, they could have saved her.

Contin said the toddler had no fewer than 70 impact points. He said there's no evidence she, referring to Perez, caused the injuries.


He said it is even unknown how the injuries were done such as with a bat, hand or other object.

After that, the jury took a break, at which point the state rested.

The defense asked the judge to drop the charges of capital murder and injury to child by omission, saying the state did not prove their case beyond a reasonable doubt.

The judge denied that request.

First on the stand for the defense was Detective David Samaniego. He said he was in charge of taking the statement from Abigail Castaneda, who is Francisco's sister and the woman who called 911. He said the night of the murder, she was still in shock. He said he called her back to the office several times after that night, needing further explanation on some of her statements, but he said she never arrived.

"I believe someone told her not to come in," he said.

He testified there was no reason to believe she was a suspect.

Next on the stand was Detective Ray Sanchez. Sanchez was the first detective to speak to Abigail. He said from his understanding, she made way into her brother's and Perez's apartment the night of the murder. However, Abigail told Samaniego she never did. Sanchez cleared that up, saying she never said she went in and walked around, but rather she broke the plane of the door to where she could see Jackie's body.

Last on the stand for my time in the courtroom was Dr. James Scoote. He is a psychologist who says he has seen Yara Perez on seven occasions since their first visit on June 17, 2008. He said he ran tests on her that showed she has anxiety and depression, she is shy and mistrustful of others, and people tell her what to do.

The trial continues tomorrow.

Perez is facing capital murder charges. The state is not seeking the death penalty, but if found guilty, it is an automatic life sentence.

Martina Valverde

About Martina Valverde

I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.

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