UPDATE (12/17 AT 1:51 PM): Judge Charles R. Brehmer called the jurors into the courtroom to go over further instructions about deliberations after it was noted that the jury has been unable to reach a unanimous decision on one of the charges.
The Judge reading this note on instructions saying:
"Sometimes juries that have had difficulty reaching a verdict are able to resume deliberations and successfully reach a verdict on one or more counts. Please consider the following suggestions:
Do not hesitate to reexamine your own views. Fair and effective jury deliberations require a frank and forthright exchange of views.
Each of you must decide the case for yourself and form your individual opinion after you have fully and completely considered all of the evidence with your fellow jurors.
It is your duty as jurors to deliberate with the goal of reaching a verdict if you can do so without surrendering your individual judgment. Do not change your position just because it differs from that of other jurors or just because you or others want to reach a verdict.
Both the People and the Defendant are entitled to the individual judgment of each juror.
It is up to you to decide how to conduct your deliberations. You may want to consider new approaches in order to get a fresh perspective.
Let me know whether I can do anything to help you further, such as give additional instructions or clarify instructions I have already given you.
Please continue your deliberations at this time. If you wish to communicate with me further, please do so in writing using the form my bailiff has given you."
ORIGINAL STORY:
Attorneys in the trial of Maya Hernandez delivered their closing arguments after just over a week of testimony, sending the case to the jury as both sides clashed over what Hernandez knew and when she knew it.
Hernandez faces four charges: second-degree murder, involuntary manslaughter and two counts of child endangerment, stemming from the June 29 death of her 1-year-old son, Amillio, who prosecutors say died after being left in a hot car while Hernandez attended a cosmetic appointment. Her 2-year-old son survived.
In closing arguments, Deputy District Attorney Stephanie Taconi told jurors the case hinges on Hernandez’s knowledge and mental state at the time of the incident.
“You are going to have to ask yourselves, what did she know and when did she know it?” Taconi said.
Taconi argued that Hernandez knew the dangers of leaving her children in the vehicle and chose to act anyway.
“It's convenient, though, ladies and gentlemen, if you pay attention, that the three counts that are being conceded by the defense are counts that they cannot rebut,” Taconi said.
Defense attorneys conceded some charges but argued prosecutors failed to meet their burden on the most serious count — second-degree murder. Assistant Public Defender Teryl Wakeman said the prosecution did not prove implied malice, which requires a showing of conscious disregard for life.
“The prosecution would have to prove that Maya knew that the car would time out,” Wakeman said.
Wakeman told jurors that Hernandez’s actions amounted to negligence, not murder.
“What do we call parents who don’t check on their kids? We call them negligent. And in this case, criminally negligent,” Wakeman said. “Maya taking accountability doesn’t equal conscious disregard.”
Prosecutors pushed back, questioning Hernandez’s credibility and her testimony on the stand, including claims that she attempted to rush her appointment.
“This was a convenient line for the defendant to use until she learned that I had the text messages, that I had the entire conversation between her and Harmony that day,” Taconi said, suggesting Hernandez was not truthful.
Wakeman urged jurors to listen again to Hernandez’s 911 call, arguing it reflected panic rather than indifference, and pointed to photographs showing Hernandez displaying affection toward her son.
“That call was frantic, listen to her voice in that call,” Wakeman said, adding that Hernandez attempted to ride in the ambulance but was not allowed.
Taconi countered that those details did not negate the legal elements of second-degree murder.
“It's okay that you saw those photographs of the defendant showing affection and loving Amillio,” Taconi said. “None of that negate the elements of second degree murder.”
If convicted of second-degree murder, Hernandez faces a sentence of 15 years to life in prison. A conviction for involuntary manslaughter could carry a sentence of up to four years.
Jury deliberations are underway, and it is unclear how long they will take.
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