BAKERSFIELD, Calif. (KERO) — Attorneys returned to court Tuesday morning for a review hearing in the case against Ray Mata Jr. and Graciela Bustamante.
The couple are charged with felony murder, torture and child cruelty after allegedly torturing 8-year-old Genesis Mata at a Bakersfield motel last August and abandoning her in a bathtub, where she died.
The Kern County Coroner ruled Genesis Mata's death a homicide caused by multiple inflicted injuries and chronic child mistreatment.
In March, Mata's attorney argued he was not competent to stand trial, and the court ordered a competency evaluation.
Tuesday morning, Bustamante and attorneys were in court to hear the results of that evaluation, but Mata was not. Court officials said he refused to attend.
Because prosecutors are seeking the death penalty, Deputy District Attorney Leanne Wilder argued the case could not proceed without Mata being present. The judge agreed and authorized the Kern County Sheriff's Office to use reasonable force to bring Mata to the courthouse for the afternoon hearing.
After Mata was declared competent to stand trial, the judge reinstated criminal proceedings and reset the case schedule.
The defendants are scheduled to return to court Aug. 18 for a status hearing. A readiness hearing is scheduled for Sept. 10, and the jury trial is currently set to begin Sept. 21.
During Tuesday's hearing, the court also learned Bustamante's lead attorney experienced a medical emergency and may no longer be able to continue representing her.
The issue could result in further delays to the trial, but that determination is expected to be addressed during the Aug. 18 hearing.
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