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Cathy
Lynn SARINANA
Raul Ricardo Sarinana's killing of his 11-year-old
nephew should be considered second-degree murder because he did not
intend to kill, his defense attorney told a jury Thursday.
Attorneys made closing arguments in the murder
trial of Sarinana, 42, who is charged with a torture enhancement in
the death of Ricky Morales. The boy died in a closet at his uncle's
Corona home on Christmas Day 2005 after Sarinana kicked him for not
cleaning a bathroom fast enough. Prosecutors are seeking the death
penalty.
The defendant's wife, Cathy Lynn Sarinana, also is
charged with murder and was included in most of the trial, but she has
a separate attorney and jury.
Prosecutors also believe the couple killed Ricky's
brother, Conrad, 13, several months earlier when the family lived in
rural Washington. Conrad's body was found in the carport at the Corona
home. Washington officials have said they plan to prosecute the
couple.
In 24 days of an emotional and sometimes graphic
trial in Riverside County Superior Court, jurors heard that Ricky and
Conrad were sent to live with the Sarinanas because other family
members couldn't care for them.
In his closing arguments, Victor Marshall, one of
Raul Sarinana's two attorneys, said the boys had a rocky relationship
with their mother, and their aunt and uncle at first provided them a
happy home.
Marshall described Raul Sarinana as someone who had
been abused when he was young and had "an almost childlike mentality."
He pointed to testimony that Raul had been prescribed Effexor, a drug
that treats depression and anxiety, and that he had trouble
controlling his anger.
The family -- which included the Sarinanas' two
young children -- was struggling financially, and Raul did everything
he could for his wife, Marshall said.
In a journal entry that was shown in court, Conrad
wrote about other family members being punished when Cathy Sarinana
had a bad day. Marshall suggested Cathy Sarinana was the one in
control of the family, the "puppeteer" who pulled her husband's
strings.
Marshall said several witnesses, including a Child
Protective Services worker who met the family in Washington, saw no
signs of abuse on the boys other than injuries from normal accidents
or schoolyard fights.
The day after Ricky died, Raul Sarinana called
police to say he had hurt and possibly killed the boy while trying to
discipline him. Marshall reminded the jury how Raul Sarinana, in a
recorded police interview that was shown in court, called his nephew
"a good kid" and began to cry.
The beating was severe and unjustified, but "Raul
never intended to kill his nephew. That's why he cried," Marshall
said. "He's sorry. He did not expect this to happen."
Deputy District Attorney John Aki summed up his
rebuttal in one incredulous, rhetorical word: "Really?"
In his initial closing remarks, Aki again showed
photos of injuries to Ricky's body. He reminded jurors of a
pathologist's testimony that some of the bruises, abrasions, and
wounds that looked like cigarette burns and marks made with an
electrical cord occurred days or even weeks before the boy's death.
"When he was kicking that little boy and burning
that little boy and beating that little boy, that was for discipline?"
Aki said. "That is the definition of sadistic."
After the Christmas Day beating, when Raul Sarinana
realized the boy could die, Aki said, he chose not to call for help
but instead closed the closet door and sat down to a holiday meal.
Aki said the Sarinanas had spun a web of deceit
that Raul hoped would culminate in people believing Ricky's death was
an accident. Even under police questioning Raul Sarinana never
mentioned Conrad, whom he had already killed, until he wanted to make
a deal with prosecutors to help Cathy, Aki said.
Before jurors went into deliberations Thursday
afternoon, Aki left them with a final image. A picture of Ricky and
Conrad playing by a pool was shown, superimposed with a quote from
Raul's final police interview: "These kids came along and ruined my
life."
If the jury returns a verdict today, the judge
likely won't make it public until next week to avoid influencing Cathy
Sarinana's jury, which has not begun deliberations.
Pathologist testifies boy suffered repeated
injuries
By Alicia Robinson - The Press-Enterprise
A forensic pathologist testified Monday that
bruises, lacerations and scars on the body of 11-year-old Ricky
Morales showed he suffered repeated injuries, some at least a month
before his death on Christmas Day 2005.
Ricky was found dead in a closet at the Corona home
of Raul and Cathy Sarinana, his aunt and uncle. The Sarinanas are
charged with murder and could face the death penalty if convicted.
Dr. Mark Fajardo, a pathologist for the Riverside
County sheriff-coroner's office, testified that some of the
hook-shaped scars that jurors saw in photos of Ricky's body were
consistent with marks made by a cord, such as an electrical cord.
When he died, the boy had a split upper lip,
abrasions on his face and marks under his chin, Fajardo said. There
were bruises and scabs on Ricky's torso and lower body, and Fajardo
said Ricky had a severe infection on the back of his upper thighs.
"These injuries are of various ages and are in
various states of healing," he said. "Some of them are days old, some
of them are weeks (old), some of them are well-healed and scarred
over."
Deputy District Attorney John Aki has pointed to
Ricky's injuries as proof that both Raul and Cathy Sarinana abused
their nephew during the months he lived with them.
In recorded interviews with police, Raul admitted
he killed Ricky, but said it wasn't intentional. He told police he had
tried to discipline the boy, first hitting him with a belt and later
kicking him.
Raul also said in the interviews that he killed
Ricky's brother, Conrad Morales, 13, shortly before the family moved
to Corona from rural Washington. Conrad's body was found encased in
concrete in the Sarinanas' carport in Corona.
Aki will likely wrap up his case by midweek. Though
the defendants are charged separately and have separate juries sitting
in the same courtroom, much of the trial so far has included both
Cathy and Raul Sarinana.
Cathy's jury has already gotten a preview of her
defense because of some witnesses' time constraints. Jurors on
Thursday and Monday heard from Donna Chisam, Cathy's aunt, who
testified that Cathy said Raul abused her and she was frightened of
him.
Chisam insisted her niece loved children and would
not have hit Ricky or Conrad.
Raul's attorneys have said he was under extreme
pressure and had anger issues.
Didn't mean to kill, suspect says on tape
The Press-Enterprise
The day after finding his nephew Ricky dead in a
closet, Raul Sarinana told a Corona police detective he killed the
boy, but he hadn't meant to.
Sarinana and his wife, Cathy, are charged with
murder in the death of 11-year-old Ricky Morales. If convicted, they
could face the death penalty.
Police also believe the couple killed Ricky's
brother Conrad Morales, 13, in Washington state several months before
they moved to Corona in late 2005. The Sarinanas, who have two young
children of their own, took Conrad and Ricky in after other relatives
couldn't care for the boys.
Attorneys for Raul Sarinana maintain that he has
anger problems and was under extreme stress. Cathy Sarinana's attorney
contends his client also suffered abuse by Raul.
The Sarinanas' trial is in its third week. Jurors
on Tuesday saw a recording of Raul Sarinana's first interview with
Corona police after they began investigating Ricky's death.
Early in an interview that lasted almost four
hours, Raul Sarinana told Detective Jeff Edwards that Ricky had
started out as a good kid. But the boy became disrespectful, Raul said
-- he wouldn't obey Cathy, he lied, he wet his bed, he would refuse to
eat or would throw up afterward, and he'd cut himself with kitchen
knives.
When taking away TV privileges and toys didn't get
Ricky to shape up, Raul explained to Edwards, he and Cathy began
beating the boy. First they used a belt, and after that wasn't enough,
Raul would kick him.
That's what happened on Christmas Day 2005. Ricky
had been told to clean the bathroom in the family's one-bedroom
apartment, but he wasn't working fast enough for Raul.
In the interview, several times Raul appeared
distraught, sobbing and sometimes wiping his eyes as he described
realizing Ricky was dead.
Responding to a question from Deputy District
Attorney John Aki, Edwards testified that Raul's eyes became moist at
one point as he talked about his wife.
But whenever Raul described disciplining Ricky,
Edwards said, "I didn't actually see tears."
In the interview, Raul described kicking Ricky in
the chest each time he came to check how the cleaning was going, and
finally grabbing the boy and putting him in the closet where the
family made him sleep.
Raul said he checked on the boy periodically, but
he told the holiday guests who came over that day that Ricky had gone
to his grandmother's house. Finally he realized Ricky was nearly dead,
but rather than call for help, he said he covered the boy with a
blanket and pulled a hat down over his face.
Raul said several times that he didn't call police
until the next day because he didn't want Cathy to know Ricky was
dead. She had cancer and he was afraid of what the stress would do to
her, he said.
"I did kill him but I didn't mean to," Raul told
Edwards. "There's no reason to kill a kid like that."
During the first portion of the interview, Raul
never mentioned Conrad, whose body police found encased in concrete in
a trash can at the Sirinana's Corona home.
Corona couple accused of murdering nephew
Abclocal.go.com
February 2, 2009
RIVERSIDE, Calif. (KABC) -- Opening statements got under way
Monday in the trial of a Corona couple accused of murdering their
11-year-old nephew.
Ricky Morales was found dead in a closet in the
couple's home on Dec. 26, 2005.
Raul Sarinana faces murder and torture charges. His
wife Cathy is also charged with murder and child endangerment.
According to court documents, the Sarinanas called
911 to report Ricky's death and told investigators that he had been
disciplined after refusing to eat his breakfast.
An autopsy showed the boy died from massive
internal injuries. Riverside County deputy medical examiner Dr. Mark
Fajardo also found "multiple external traumatic injuries," according
to a pretrial brief filed by the prosecution.
"Scars on Ricky's body (were) consistent with being
whipped with an electrical cord or similar instrument," the brief
states. "Ricky's scrotum was damaged with a penetrating laceration,
and his scrotal sac was severely damaged... There were multiple scars
to Ricky's scalp, primarily centered on the back of his head.
"Finally, there were multiple circular injuries
consistent with cigarette burns located throughout Ricky's body that
were determined to be at least several weeks, if not several months,
old."
According to the brief, Raul Sarinana told police
that on Christmas Day 2005, Ricky was not eating, which his aunt
viewed as an insult. Raul Sarinana told investigators he ordered his
nephew to clean the bathroom, and when the boy appeared to be going
too slow, Sarinana kicked him, court papers state.
Raul Sarinana told police he threw the boy in a
bedroom closet as a disciplinary measure, and when the child appeared
to be trying to get out, he kicked him again, according to the brief.
The Sarinanas apparently returned to the closet
hours later to find their nephew dead.
The day after Ricky's body was found, investigators
discovered his older brother's body encased in concrete outside the
home. Investigators say 13-year-old Conrad Morales was killed in
Washington several months earlier. The couple is being charged for
Conrad's murder in Washington.
The judge is allowing a journal kept by Conrad to
be used as evidence in the trial. The district attorney says the
journal will paint a picture of what home life was like while the kids
lived with their aunt and uncle. It reportedly details frustration
from the older brother, explaining problems he apparently had with
wetting his bed, as well as questions about his own sexuality.
Separate juries will hear evidence for each
defendant. As opening statements go forward, the two 12 person juries
will have to decide whether there is enough evidence to show that Raul
and Cathy Sarinana tortured and murdered their nephew.
The prosecutors are seeking the death penalty for
the Sarinanas. In opening statements, the DA said there was prolonged,
repeated abuse, which killed the 11-year-old.
The defense says Raul Sarinanas was going through a
lot of problems and was on medication, and in no way meant for the
child to die.
Ktla.trb.com
December 29, 2005
Detectives suspect that a second
body found in the carport of their duplex was the boy's missing
13-year-old brother, officials said. Relatives Wednesday identified
the brother as Conrad Morales.
On Oct. 8, Cathy
Sarinana had reported a 13-year-old runaway child to the Lewis County,
Wash., Sheriff's Department, officials said. She was living in a
Winlock, Wash., trailer park at the time.
Police
have requested dental records for the older boy, whom officials did
not identify, and two Corona police investigators flew to Washington
on Wednesday afternoon to continue their investigation.
Raul Sarinana had been taking care of the two boys for his older
sister, Rosa Morales, after she was sent to prison, according to a
relative from El Monte and police officials.
"They
were good little boys who just wanted attention," said the relative,
who asked not to be identified because she said she feared retaliation
from other family members. "We're in shock. We're trying to put it all
together."
The relative, who took care of the boys
for almost a year, said they had been bouncing from relative to
relative for at least five years. Morales also has two older
daughters, who are being cared for by other relatives, she said.
The sisters were among about a dozen weeping relatives and friends of
the boys who gathered at the La Puente home of another of the boys'
aunts late Wednesday, but were too emotional to speak. The family had
set up a memorial to the boys consisting of candles and photographs
depicting Conrad and Ricky as babies, and as young children in
Halloween costumes.
The boys had grown up in La
Puente and West Covina, relatives said.
Rosa's
sister Bertha Cevallos, 43, said Conrad had gone to live with the
Sarinanas about a year and a half ago, and Ricky joined him about six
months later. Their mother, Cevallos said, was concerned about them
living in Southern California through their rebellious teenage years
and thought they would be less likely to get into trouble in
Washington state.
Raul Sarinana and his wife sent
back reports saying the boys were doing well in school and were
involved in numerous activities, the family said.
Some family members worried that Conrad and Ricky seemed unhappy, and
that their phone calls had a rote, practiced tone as if they were
reading from a script. But they chalked this up to shyness, and did
not suspect they were in danger, said Martin Cevallos, 22, of Downey,
cousin to Conrad and Ricky.
He said he knew Raul
Sarinana from childhood, and called him a favorite uncle. "The thought
never crossed my mind that he would hurt them."
Once, a sister had requested that police make a welfare check on the
boys in Washington, but never heard back, he said. The last time any
of the relatives talked to Ricky was on Christmas, they said, when he
told them that he missed his mother and wanted to come home.
On Wednesday, the couple's arraignment was postponed to Jan. 5 at a
hearing in Riverside County Superior Court that lasted less than a
minute. The pair are being held without bail at Robert Presley
Detention Center in Riverside.
Charges have not been
filed in connection with the second body; officials said the death may
have occurred in Washington. The child protection agency in Lewis
County confirmed that it had been asked to assist the investigation.
The cause of Ricky Morales' death might be determined by an autopsy to
be performed today; the second boy's autopsy is scheduled Friday.
A relative tipped off police later that day that there had been
another boy living with the Sarinanas, said Corona police Sgt. Jerry
Rodriguez. Police contacted the Lewis County Sheriff's Department on
Tuesday and returned to the residential neighborhood to search again.
Using X-ray equipment, they discovered the second boy's remains in the
carport. Neighbors said they saw teams break concrete with jackhammers
and roll out several green metal barrels.
Arrests Made In Death Of 11-Year-Old Boy
Los Angeles Times
December 28, 2005
A man and his wife were in custody Tuesday as police investigated the
suspected child-abuse slaying of their 11-year-old nephew and came
across the remains of a second, more deteriorated body at the couple's
home.
Raul Ricardo Sarinana, 38, was arrested after
calling police just before 2 p.m. Monday. He told police that "he had
hurt the boy, and that the boy may be dead," Corona police Sgt. Jerry
Rodriguez said.
Officers found the boy's battered
body inside the couple's duplex unit at 1110 S. Belle Ave. He had
suffered blunt trauma injuries and had been dead perhaps "a day or two
at most," said Corona police Sgt. Neil Reynolds. The boy's name was
not released.
Sarinana and his wife, Cathy Lynn
Sarinana, 28, were arrested on suspicion of murder. Their two
children, a 2-year-old girl and a 13-month-old boy, were put in
protective custody.
After questioning the pair, police returned for an
additional search of the duplex Tuesday and found the second set of
remains concealed in the carport just after 3 p.m. They brought in
crews to rip up concrete with jackhammers shortly afterward, neighbors
said.
The remains appeared to be those of a person
whose death occurred well before that of the 11-year-old boy, police
said. They are believed to be those of a "small person," Rodriguez
said. He did not disclose, however, whether they were those of a
child. Nor did he give a probable gender. Examiners will have to use
dental records to identify the body, he said, adding that
investigators have some leads on an identity, though he did not
elaborate.
As of Tuesday, investigators planned to
seek homicide charges against the couple, Reynolds said. Sarinana was
being booked at the Robert Presley Detention Center in Riverside late
Tuesday. His wife, who had been taken into custody at the Corona
police jail, is expected to be transferred to Presley, police said.
Rodriguez said the Sarinanas had been taking care of their nephew for
at least a year. The boy's mother, a Los Angeles County resident, had
served time in prison and recently completed parole, authorities said.
As neighbors and media circled the crime scene Tuesday, the smell of
the decaying corpse permeated the neighborhood. Neighbors gathered in
the twinkling glow of Christmas lights and speculated about the
Sarinanas, a family that had moved in just months ago. Parents
questioned the neighborhood children who had played with the boy
before his death.
The Sarinanas, who had two young children of their
own, generally kept to themselves. After moving in a few months ago,
they had a yard sale and a party with a bounce house for the kids.
"We got to play in the bounce house. I think it was
the boy's birthday," said 10-year-old Carlos Maldolda.
"He was a kind of sad kid. Sometimes he had bruises
on his arms, but we never said anything about it."
The boy had been living at the home with the couple
and their two children, a 2-year-old and a 13-month-old, for about
three months, Rodriguez said.
The two young children were removed from the home
and taken into protective custody, he said.
At this point, police do not know much about the
boy's biological parents or how he ended up living with his aunt and
uncle.