California mom, 41, is convicted of murder for tossing her 7-month-old disabled son off fourth-floor parking garage PIX: already on way
A California mother-of-three was convicted on Wednesday of murdering her special-needs seven-month-old son by throwing him off a hospital parking garage a decade ago.
A jury found 41-year-old Sonia Hermosillo guilty of one count of first-degree murder and one count of felony assault of a child causing death, the Orange County District Attorney's Office announced in a news release.
Hermosillo, of La Habra, had pleaded not guilty and not guilty by reason of insanity in connection with the August 2011 death of her infant son, Noe.
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Sonia Hermosillo, 41, pictured in Orange County Superior Court on Tuesday, was found guilty Wednesday of first-degree murder and assault of a child causing death for pushing her infant son off a parking garage in 2011
Hermosillo, a mom-of-three (pictured in her mugshot, left), told police she did not love her son, seven-month-old Noe Jr, because he was sick. The infant suffered from several medical conditions and wore a helmet to correct his flat head
'The most basic job of a parent is to keep their children safe from harm,' stated Orange County District Attorney Todd Spitzer. 'This child didn’t even have the chance to take his first steps, say his first word, or even celebrate his first birthday before he was murdered by the very person whose job was supposed to keep him safe.'
According to trial testimony, Hermosillo had struggled with mental health issues after the birth of her third child, baby Noe, who had been undergoing regular treatments at Children's Hospital of Orange County for several medical conditions, including congenital muscular torticollis that twisted his neck from being in utero too long.
'He was sick, and his mother didn’t want him,' prosecutor Mena Guirguis told jurors at the trial. 'She made a cold-hearted decision to kill her child.'
On August 22, 2011, Hermosillo drove her son to the hospital, even though he did not have a scheduled appointment that day, and parked her car on the fourth floor of the garage.
At around 6.20pm, prosecutors said Hermosillo removed a medical helmet that Noe was wearing to correct his plagiocephaly, commonly known as 'flat-head syndrome,' and pushed him off the roof.
Pictured: the parking garage at the Children's Hospital of Orange County, where Hermosillo dropped her disabled infant son from the fourth story
'Hermosillo then walked inside the hospital, validated her parking, and drove away,' the DA’s statement said.
A witness who saw the baby falling through the air called 911 and the Orange Police Department responded to the scene. Noe was taken to the trauma center at the University of California, Irvine Medical Center in critical condition. He died two days later.
Shortly after the deadly incident, Hermosillo's husband called the police to report his wife and son were missing.
Noe Medina told investigators that his wife had been diagnosed with depression and was not allowed to be alone with their baby. He said Hermosillo took off with the infant while he was watching the couple's two daughters.
Medina, who has forgiven his wife, said she did not accept their son for being sick.
'She didn’t look at our son as normal,' he said of Noe Jr.
Hours later, a police officer spotted Hermosillo driving past the hospital and arrested her.
Hermosillo told police that she had 'hate, resentment and anger' toward the boy 'because he’s sick,' authorities said.
Prosecutors argued that Hermosillo wanted her son dead because he was sick. She had 'hate, resentment and anger' toward the boy
Hermosillo's defense attorney claimed that the mom-of-three had struggled with depression and suffered from a psychotic break at the time of his death
Judge Kimberly K. Menninger listens to testimony during Hermosillo's murder trial in Orange County Superior Court on Tuesday
On Wednesday, defense attorney Jacqueline Goodman said the child actually was getting better and that Hermosillo suffered from a psychotic break at the time of his death, the Orange County Register reported.
During the police interview, she repeated 'I don’t love him' dozens of times, the attorney said.
'That is not a confession. It is mental illness,' Goodman said.
The lawyer argued at trial that her client was suffering from 'full-blown psychosis' during interviews with police immediately after the crime, telling investigators that Noe Jr would 'always remain a baby,' and even as an adult she would have needed to 'change his diapers.'
The same jury that convicted Hermosillo will now have to decide whether she was legally insane at the time of the crime. The sanity trial is scheduled to begin on August 24.
If found sane, Hermosillo could be sentenced to 25 years to life in prison. She is currently being held without bail.