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Thread: Ascuncion Avila-Villa Sentenced to LWOP in 2009 OH Slaying of Infant Son

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    Ascuncion Avila-Villa Sentenced to LWOP in 2009 OH Slaying of Infant Son

    Baby's death brings death-penalty charge

    By Janice Morse
    August 31, 2009

    A Hamilton woman has been indicted on charges that could bring the death penalty in the slaying of her infant son.

    In an indictment released today, Ascuncion Avila-Villa, 26, is accused of aggravated murder in the death of her 35-day-old son, Israel Santos.

    She had reported the baby missing and told police that the baby's father had taken him -- but she said the father was a 21-year-old man. Authorities say they later learned the father was a boy under the age of 16.

    But police say Avila-Villa killed the baby, put him into the trash and made up the story about him being taken.

    Authorities allege an unusual motive: They say Avila-Villa killed the baby to prevent anyone from finding out that the infant's father was a juvenile.

    Prosecutor Robin Piper said Avila-Villa was receiving public assistance payments -- and a government agency was insisting that the baby undergo genetic testing to determine his paternity so that child-support could be sought. That test was imminent at the time of the baby's death, Piper said.

    Besides aggravated murder, Avila-Villa also is accused of gross abuse of a corpse, evidence tampering and unlawful sexual conduct with a minor -- the child's teenage father.

    Last Tuesday, police found the child's body amid trash they had taken to police headquarters from Avila-Villa's apartment.

    She is being held on a $1 million bond that a municipal judge set last week.


    http://news.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20090831/NEWS0107/308250042/

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    Prosecutors revealed new details about the death of a 5-week-old baby. His mother, Asuncion Avila-Villa, is charged with his killing.



    Asuncion Avila-Villa in court Wednesday

    In court Wednesday, prosecutors alleged that Avila-Villa crushed the baby's skull and threw his body in the trash outside her Hamilton apartment. Previously-filed documents said she tried to cover up the smell of her dead infant by putting dirty diapers, artificial flowers and cigars in the garbage with the corpse.

    Prosecutors believe Avila-Villa killed her son to cover up the age of the baby's father, who is only 14 years old.

    "There's no understanding how anybody can do this to a little baby," said Butler County Prosecutor Robin Piper.

    Prosecutors said the baby was given a "gang-style burial." They would not elaborate on what that meant, but police with Hamilton Gang Unit said liquor is often poured near the body of the deceased in some gang rituals.

    Prosecutors said the tattoos on Avila-Villa's hands and face are consistent with gang members.

    Defense attorneys would not comment about the gang implications, but did say there may be more to the story.

    "We have reason to believe she has a history of mental health issues and it'll come to play in litigation, either at trial or in sentencing," said defense attorney Chris Pagan.

    Avila-Villa is scheduled to go on trial in May. She could face the death penalty.

    http://www.wlwt.com/news/21164123/detail.html

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    Records shed light on baby killing

    HAMILTON - Court records shed new light on the case of a Hamilton mother facing the death penalty for allegedly killing her 35-day-old son to avoid being prosecuted for having sex with the boy's underage father.

    Asuncion Avila-Villa, 26, faces possible execution if convicted - but her lawyers are challenging the constitutionality of Ohio's death-penalty laws, and they're also asking a judge to keep reporters out of pre-trial hearings in the case, records show.

    Avila-Villa at first told police that her boyfriend had kidnapped the child, and she filed a missing-persons report last August.

    But after investigators informed her they had found her baby in trash they were sorting behind the police station, Avila-Villa at first sat silently, then cried and told police that she had shaken the infant's head as he sat in his bouncy seat, to try to stop him from crying, according to a police summary of her statements to them.

    "She probably shook his head harder than she meant to shake him," says the summary filed Dec. 17 in Butler County Common Pleas Court. However, police said Avila-Villa denied causing any of the bruises or broken bones that investigators found on the child's body.

    The child, Israel Santos, was malnourished. He weighed 9 pounds at death, only 1 ounce more than his birth weight, according to Coroner Dr. Richard Burkhardt's report filed in court. The child died from "extensive skull fracture with underlying brain injury," the report says.

    Israel was wearing a only a diaper, and several pink flowers were inside the plastic bag with his body, the report says.

    Prosecutors allege the baby was buried along with items "consistent with a 'gang-style' burial intended to prevent the corpse from being found by police." Documents do not specify what those items were, except for the pink flowers.

    Authorities accuse Avila-Villa of killing the infant three days before she was scheduled for an appointment with Butler County Job & Family Services, where "she would have been required to identify the baby's father" by providing his name and submitting to genetic testing, or risk losing benefit payments, court records say.

    Avila-Villa is charged with aggravated murder, gross abuse of a corpse, tampering with evidence and unlawful sexual conduct with a minor, the 15-year-old boy who fathered the child after alleged sexual relations in late 2008.

    Judge Andrew Nastoff has set hearings for Jan. 8 and Feb. 12 on numerous matters including defense contentions that Ohio's death penalty law is unconstitutional and violates international law.

    Defense lawyers filed a 39-page argument on that issue, alleging that the state's executions are meted out unfairly when it comes to race, and "Ohio's death penalty scheme fails to ensure that arbitrary and discriminatory imposition of the death penalty will not occur." Defense lawyers want the judge to dismiss the portions of the case that elevate the alleged crimes to death-penalty status.

    Prosecutors filed an 18-page response, concluding, "Ohio's death penalty is constitutional, despite any alleged conflict with international law and specific treaties."

    Also, defense lawyers are asking Nastoff to close pre-trial hearings. They argue that news coverage of pre-trial hearings could taint the jury pool by providing potential jurors with information that they should not possess.

    Prosecutors say court proceedings are generally expected to be public, and they see no reason for closing the hearings in the case.

    http://news.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20091224/NEWS010701/912250334/

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    Accused murderer refuses judge's questions

    HAMILTON -A Hamilton woman who could face the death penalty has asserted her fifth-amendment right against self-incrimination and refused to answer a judge's questions about her competency to stand trial.


    "On advice of counsel, I assert my fifth-amendment privilege," Asuncion Avila-Villa, 26, who is accused of killing her infant son, told Judge Andrew Nastoff Wednesday morning in Butler County Common Pleas Court.

    Assistant Proscutor Jason Phillabaum noted for the record that Avila-Villa appeared to be reading from a piece of paper when she made that statement.

    Nastoff wanted to question her because defense lawyers had raised some mental-health issues about her, and prosecutors feared that if her competency to stand trial isn't addressed, any conviction she might receive could be thrown out on appeal.

    After Avila-Villa refused to answer questions, Nastoff set a hearing for Feb. 12 to hear other evidence -- besides her statements -- to decide whether she's competent.

    Witnesses who have talked with her will be called to testify "about her cognitive skills and abilities."

    Other legal issues also will be aireda at that hearing, Nastoff said.

    Avila-Villa is accused of aggravated murder, gross abuse of a corpse, tampering with evidence and unlawful sexual conduct with a minor.

    The charges arise from the Aug. 24 death of her 35-day-old son, Israel Santos, whose body police found in trash taken from her apartment after she reported the child was missing.

    Authorities allege she killed the baby because she wanted to keep his parentage secret from officials, fearing she would be prosecuted for having sex with the baby's teenage father.

    Avila-Villa's trial is set for May 3 -- a date Nastoff said he still hopes to keep despite the lingering issues in the case.

    http://news.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20100203/NEWS0107/302030024/

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    Issue may slow down death-penalty case

    A challenge to the constitutionality of an Ohio court rule threatens to put a Butler County death-penalty case on hold, but prosecutors are fighting to keep the case moving forward.

    The dispute surrounds the case of Asuncion Avila-Villa, 26, of Hamilton, who is accused of killing her infant son last year.

    Authorities say Avila-Villa wanted to avoid being prosecuted for having sex with a teen boy, so she killed the baby to prevent officials from learning the teen had fathered the child. Police found the baby in trash they took from her apartment to sort for clues after she reported the child missing.

    Avila-Villa is one of only a handful of Ohio women to ever face a possible death sentence.

    In documents filed Thursday, Avila-Villa's lawyers asked a state appeals court to overturn Judge Andrew Nastoff's ruling that Ohio's Criminal Rule 11, which governs guilty pleas in capital cases, "is not ripe for consideration."

    The rule says that, after a person pleads guilty in a death-penalty case, a three-judge panel decides whether execution or one of several life prison terms will be imposed.

    But Avila-Villa's lawyers argue that someone who pleads guilty in a death-penalty case should be allowed a trial-by-jury on the issue of punishment. "In this county, three-judge panels have been more willing to impose death than juries have," the lawyers, Christopher Pagan and Melynda Cook, say.

    Therefore, it's "paramount" to leave open the option to plead guilty yet have one's fate decided by a jury rather than the trio of judges, they say.

    "Since the Ordinance of 1787, Ohio juries have controlled capital sentencing," her lawyers point out.

    They note that the state's current capital-punishment law was enacted in 1981, and "it vests the jury with the authority to determine life-or-death, unless the defendant pleads guilty."

    They argue: "Avila-Villa has an Ohio constitutional right to a jury determination of her sentence."

    They say that Criminal Rule 11 violates the constitutional right to a jury trial, and they want the Ohio 12th District Court of Appeals to put their client's case on hold while they consider the issue - a process that could take weeks.

    But prosecutors say a hearing set for Friday should go forward, as should Avila-Villa's Sept. 13 trial.

    At issue in Friday's hearing: Whether the judge will allow Avila-Villa's statements to be included in her trial.

    http://news.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20100812/NEWS010702/8130345/

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    Possible death penalty case delayed

    The Sept. 13 death-penalty trial for a woman accused of killing her infant son to avoid being prosecuted for having sex with the baby's teenage father is likely to be put on hold.

    Defense lawyers for Asuncion Avila-Villa, 27, of Hamilton, filed notice Thursday they will appeal to the Ohio Supreme Court to determine how their client would be sentenced if she pleads guilty in the capital case.

    The latest development comes after the Ohio 12th District Court of Appeals dismissed their appeal challenging an Ohio court rule that requires Avila-Villa to be sentenced by a panel of three Butler County common pleas judges if she pleads guilty to aggravated murder.

    Avila-Villa's lawyers Chris Pagan and Melynda Cook want a jury to decide whether their client should be executed or receive life in prison.

    They have argued that Avila-Villa has a right to a jury trial for sentencing and that three-judge panels in Butler County have a history of handing down a death sentence.

    At issue is Ohio's Criminal Rule 11 that calls for sentencing to be handled by a judicial panel if the defendant in a death-penalty case pleads guilty.

    Avila-Villa was arrested in August, 2009 after police found the 5-week-old boy dead in the trash at her apartment while investigating her report that the baby's father - who she said was 21 - had taken him.

    Authorities say Avila-Villa had killed the baby to prevent officials from discovering that a 14-year-old West Chester boy had fathered the child.

    Avila-Villa is charged with aggravated murder, child endangering, gross abuse of a corpse, tampering with evidence and unlawful sexual conduct with a child.

    http://news.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20100903/NEWS010702/9040316/

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    Prosecutors: Let death penalty trial proceed

    In a rare move, prosecutors are urging a higher court to force a Butler County judge to start a death-penalty trial as planned next week.

    Prosecutors decided to seek an unusual remedy from the Ohio 12th District Court of Appeals after Common Pleas Judge Andrew Nastoff said the trial of Asuncion Avila-Villa, 27, of Hamilton, would be put on hold.

    Avila-Villa could be executed if convicted in the slaying of her infant son. Authorities say she killed the child in August 2009 to avoid being prosecuted for her sexual relationship with the 14-year-old West Chester boy who fathered the baby.

    Her trial was set to begin Monday, and prosecutors want the appeals court to force the judge to stick to that date. Prosecutors say this could be the first time that such an action - called a complaint in procedendo - has been filed by Butler County officials.

    Scot Ritter, assistant administrator at the Middletown appeals court, said he couldn't recall another such filing from Butler County in his 27 years there. The appeals court handles an 8-county area and normally takes months to decide most cases. But prosecutors are asking for a speedy review - possibly even before Avila-Villa's lawyers respond.

    Ritter said Tuesday he didn't know when a hearing might be held or a decision might be made.

    In a hearing last week, Judge Nastoff said he felt he had little choice but to delay the trial while the Ohio Supreme Court considers defense lawyers' challenge to the way Ohio handles sentencing in some capital murder cases.

    The lawyers dispute the fairness of Ohio's Criminal Rule 11, which says a three-judge panel decides punishment of people who plead guilty to death-penalty-level crimes. The lawyers say Butler judges are prone to pronounce death sentences, so they want a jury to decide their client's fate if she pleads.

    After Nastoff and the Middletown appeals court both shot down their challenge, Avila-Villa's lawyers decided to appeal to the state's highest court. Nastoff said that appeal will stall the trial.

    Prosecutors argue that the delay will cause "increased risk of losing witnesses and witnesses' memories being strained."

    They also call the decision to delay "contrary to law" and "erroneous."

    (source: Cincinnati Enquirer)

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    Death penalty trial for Hamilton mother canceled

    The capital murder trial of Hamilton mother, Asuncion “Suzie” Avila-Villa, who is accused of killing her infant son and putting his body in the trash, will not begin next week.

    The decision by Butler County Common Pleas Judge Andrew Nastoff to vacate the trial date of Sept. 13, was filed Thursday, Sept. 9. It came after a flourish of appeals filed by both the defense and prosecution.

    On Friday, prosecutors filed a motion with the Ohio Supreme Court to compel Nastoff to begin the trial as planned.

    The rare legal move came after defense attorneys Melynda Cook and Chris Pagan told Nastoff they planned to file an appeal to the state's highest court this week.

    Nastoff indicated if that occurred, he would no longer have jurisdiction and the trial would likely be postponed.

    The prosecution team's complaint with the state supreme court stated Nastoff is incorrect in his determination that he no longer has jurisdiction and the trial should proceed as scheduled. They asked the supreme court to expedite its decision because the trial date was looming.

    On Thursday, the supreme court denied the motion to expedite the decision, meaning Nastoff, and Pagan who is also named in the complaint, will have 21 days to respond before any decision is handed down.

    In his entry Nastoff stated, "It has come to the court's attention that the (prosecution) on Sept. 3, 2010 filed an original complaint in procedendo in this manner in the Supreme Court of Ohio. The matter remains pending. As a result of this development, this court, in its sound discretion, vacates the trial currently scheduled to commence on Sept. 13, 2010."

    Nastoff said he would reschedule the trial after the supreme has ruled. A status hearing has been scheduled for 11 a.m. Sept. 23.

    Butler County Prosecutor Robin Piper said, "We were hoping the supreme court might have an expedited procedure for ruling on the writ, but it is apparent that we will not have a ruling prior to the scheduled trial date, so although we are disappointed we understand the trial would not be able to proceed.

    Cook said Thursday, they will still file an appeal of a decision handed down by the 12th District Court of Appeals, but because the trial is off for Monday, they will not have to drive it to Columbus today to had deliver the documents.

    "We have it finished," Cook said. "But we will probably mail it now."

    Pagan and Cook are challenging the constitutionality of a criminal rule that allows a death penalty defendant to have his or her sentence decided only by a 3-judge panel.

    The attorneys asked Nastoff to allow a jury to consider sentencing, but that motion was denied, causing Pagan and Cook to file an appeal to the 12th District Court of Appeals. The appellate court granted the prosecution's motion to dismiss the appeal, stating it was not a motion the judges could consider because it is not a final order in the case.

    The defense team argued that Avila-Villa had confessed to killing her infant and would like to plead guilty, obtain the benefit of that guilty plea as a mitigating factor, and try her sentencing case before a jury.

    A second appeal has also been filed to the 12th District Court of Appeals concerning Nastoff's decision to unseal portions of Avila-Villa's psychological evaluation. They believe the order would violate their client's right not incriminate herself.

    Avila-Villa, 27, is facing the death penalty if convicted of killing 5-week-old Isreal Santos, wrapping his body in plastic and throwing him in a trash can last summer. She is charged with aggravated murder and several other felonies, including abusing the infant’s body and having sex with a teenager.

    Prosecutors say she killed her baby to escape punishment for having sex with an underage boy.

    (source: Hamilton Journal News)

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    Mother's appeal rejected; woman faces capital punishment in baby's death

    Asuncion 'Suzie' Avila-Villa is accused of killing her 5-week-old son to cover another crime.

    The state’s highest court declined Wednesday to hear an appeal from a Hamilton mother accused of killing her 5-week-old son and stuffing him in a garbage can.

    The Ohio Supreme Court's rejection clears the way for the capital murder trial of Asuncion "Suzie" Avila-Villa to begin next year. But defense attorney Chris Pagan said he plans to appeal to the U.S. Supreme Court.

    Avila-Villa, 27, is facing the death penalty in the death of 5-week-old Israel Santos. She's accused of covering his body in plastic wrap and tossing him in a trash can in August 2009. Her trial was to begin Sept. 13, but appeals by the defense and prosecution led to an indefinite postponement.

    Avila-Villa is charged with aggravated murder and several other felonies. Prosecutors say she killed her baby to escape punishment for having sex with the underage boy who fathered the child.

    In September, defense attorneys Pagan and Melynda Cook appealed a decision from the 12th District Court of Appeals to the Ohio Supreme Court that challenged the constitutionality of a criminal rule that allows a death penalty defendant to have sentencing decided only by a 3-judge panel if the defendant pleads guilty to the charges.

    The attorneys asked Butler County Common Pleas Judge Andrew Nastoff to allow a jury to consider sentencing. When that motion was denied, Pagan and Cook appealed. The appellate court granted the prosecution’s motion to dismiss the appeal, stating it was not a motion the judges could consider because it is not a final order in the case.

    Pagan argued that Avila-Villa had confessed to the killing and would like to plead guilty, obtain the benefit of that plea as a mitigating factor and try her sentencing case to a jury.

    On Wednesday, the Ohio Supreme Court declined to hear the appeal. The decision did not include a written opinion, said Bret Crow, the court’s public information officer.

    Pagan had no comment on the court’s decision, but said he plans to appeal to the U.S. Supreme Court.

    (source: Middletown Journal)

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    New trial date set; Hamilton murder case appealed to supreme court

    A new trial date has been set for a Hamilton mother accused of killing her 5-week-old son, but defense attorneys are continuing to appeal Asuncion “Suzie” Avila-Villa’s case to the U.S. Supreme Court arguing an Ohio law is unconstitutional.

    The trial of Avila-Villa, 27, who is facing the death penalty, is now scheduled to begin May 9 — nearly two years after the infant’s body was found dumped in the trash. She’s accused of killing Israel Santos, covering his body in plastic wrap and tossing him in a garbage can in August 2009. Her trial was to begin Sept. 13, but appeals by the defense and prosecution led to an indefinite postponement.

    The new trial date was set this morning by Butler County Common Pleas Judge Andrew Nastoff. It is scheduled to last two weeks.

    Earlier this month, the Ohio Supreme Court declined to hear an appeal of a 12th District Court of Appeals decision in the case. Pagan said he would appeal to the highest court in the nation. Today, he said that notice of that appeal has been mailed to Washington D.C.

    Avila-Villa is charged with aggravated murder and several other felonies, including abusing the infant’s body and having sex with a teenager. Prosecutors say she killed her baby to escape punishment for having sex with the underage boy who fathered the child.

    In the appeal, Pagan and counsel Melynda Cook are challenging the constitutionality of a criminal rule that allows a death penalty defendant to have sentencing decided only by a three-judge panel if the defendant pleads guilty to the charges.

    The attorneys asked Butler County Common Pleas Judge Andrew Nastoff to allow a jury to consider sentencing. When that motion was denied, Pagan and Cook appealed. The appellate court granted the prosecution’s motion to dismiss the appeal, stating it was not a motion the judges could consider because it is not a final order in the case. The Ohio Supreme court agreed.

    Pagan argues that Avila-Villa had confessed to the killing and would like to plead guilty, obtain the benefit of that plea as a mitigating factor and try her sentencing case to a jury.

    The defense team also has filed an additional appeal with the 12th District Court of Appeals concerning Nastoff’s decision to unseal portions of Avila-Villa’s psychological evaluation. They believe the order would violate their client’s right not incriminate herself. That appeal is pending.

    http://www.journal-news.com/news/ham...t-1031103.html

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