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Posted: 3:36 p.m. Friday, Oct. 12, 2012
By Martina Valverde
The judge requested jurors arrive at 8:30 this morning for the reading of the formal charge followed by closing arguments.
It took a little longer than anticipated. Both the state and defense argued for their own reasons that the charge should be changed and altered. During this time, a typically empty courtroom for this trial became packed. Chairs were brought in for additional seating, and finally people were turned away.
At 10:17 a.m., the jury was brought into the courtroom to hear the court's formal charge.
After that, closing arguments began. Both sides agreed, and the judge allowed them to go for as long as possible, which in total was about 3 ½ hours, instead of the usual 1 to 1 ½.
Penny Hamilton from the state went first.
"She denied Jackie's existence. She would not even tell them she had another daughter," referring to Yara Perez's actions when EMS and police arrived to her lower valley apartment.
There have been inconsistencies brought up about Abigail Castaneda's testimony. She is the sister of Francisco Castaneda, who is already serving a life sentence for his role in the crime.
During the week, there was also concern about the time it took her to call 911, about three hours, but the prosecutors said regardless of how long it took her, they are glad she did.
"Jackie would not have the chance to get justice today through you," prosecutors told the jury.
The prosecution then addressed Perez's claims she feared Castaneda and that is why she didn't get Jackie help. In her statement to police, she did say she feared him, but she also said once two weeks ago that he had done it.
"You decide whether or not she's a good actress that is covering herself," said Hamilton.
Hamilton said Perez had the chance to speak up when help arrived.
"The calvary has arrived, and she tried to kick them out," she said.
Joe Spencer for the defense was next.
"We don't want you to make a wrong decision for the wrong reasons," he said.
Spencer said the jury needs to not act on passion and sympathy, but rather the facts.
"You want to look into the eyes of a cold-blooded child killer, look at this picture," Spencer said as he held up the picture of Francisco Castaneda. "She's manipulated by this guy."
The defense contends Perez never harmed Jackie but could have helped her if she didn't fear Castaneda.
"For the rest of her life, she's going to have to live with the fact that she did not call 911," said Spencer.
The prosecution, who gets the last word, did a quick wrap of some of the evidence before the judge formally handed the case over to the jury about 1:30 p.m., but they didn't start deliberations until after a lunch break.
The jury has several options. They can find Perez guilty on capital murder, which is an automatic life sentence. They can find her guilty on a lower charge of injury to a child. If they feel it was knowingly, the punishment range is 5 to 99 years in prison. If they feel it was a lesser offense of reckless, it's 2 to 20 years in prison. They can also find her guilty on both charges or acquit her altogether.
I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.
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