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Thread: Christopher Rey Cheary - California Death Row

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    Christopher Rey Cheary - California Death Row


    Sophia Acosta, 3



    Christopher Rey Cheary


    Chris Cheary to Appear in Court Monday[/B]

    The man charged with killing three-year-old Sophia Acosta is scheduled to be arraigned Monday afternoon.

    20-year-old Chris Cheary, who is the boyfriend of Sophia's mother, was arrested Thursday night in Stanislaus County.

    Investigators say Cheary has been booked on murder, sexual assault and torture charges and is being held without bail.

    Sophia's mother, Erika Smith, is still a person of interest in this case, detectives said.

    If convicted, Cheary could face the death penalty.

    On May 7th, Exeter Police found Sophia unconscious in an apartment. Four days later, she passed away at Children's Hospital Central California.

    The Tulare County Coroner's Office says Sophia died from major injuries to the head.

    A Facebook page has been created in memory of Sophia. You can click here to be redirected to that page.

    http://www.kmph.com/story/14846690/c...n-court-monday

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    Skirmish delays Cheary hearing

    Two deputies and at least one inmate were injured in an altercation at Tulare County's Main Jail on Thursday morning, causing a delay in a hearing for the Exeter man accused of killing a toddler last month.

    Christopher Cheary and three other inmates were involved in a fight while being transported from the Main Jail to the Tulare County Courthouse via an underground tunnel.

    At least three deputies stepped in to stop the fight, resulting in injuries to the hands and arms of two deputies. At least one inmate was also injured.

    Deputies did not reveal if Cheary was injured. They also did not describe his involvement.

    "This matter is still under investigation and, as we interview witnesses and those involved, we don't want to influence their answers," Sgt. Chris Douglass said. "Inmate altercations are rare and we need to take time to investigate this thoroughly."

    Because two courtroom deputies were involved and treated medically, the Tulare County Sheriff's Department asked that a court hearing for Cheary be delayed. The Department 11 courtroom, presided over by Judge Gary Paden, was closed.

    "It was a security issue and we wanted to take precautions to ensure a safe courtroom," Douglass said.

    Cheary's hearing to set a date for a preliminary hearing was rescheduled for July 1, said Shani Jenkins, an assistant district attorney.

    Cheary is charged with the first-degree murder of Sophia Acosta, 3. A special circumstance that the death was caused during sodomy, a special circumstance of lewd acts on a child and a special circumstance that Cheary tortured the toddler were also added.

    If found true in court, the special circumstances would enhance any prison sentence. He is also charged with child abuse, sodomizing a child and forcible lewd acts on a minor.

    Sophia died May 11 at Children's Hospital Central California from blunt-force trauma to her head, according to a Tulare County Sheriff's Department coroner autopsy report. Exeter police found the toddler on an apartment floor May 7.

    Cheary was arrested in Turlock on June 2. He was in the area because he has family and friends in Stanislaus County, Exeter Police Chief Cliff Bush said.

    Cheary may face the death penalty, but that won't be decided until after a preliminary hearing, Jenkins said.

    http://www.visaliatimesdelta.com/art...Cheary-hearing

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    Family remembers Sophia Acosta on her fourth birthday

    Family and friends of a toddler killed in may gathered to honor her life.

    A father's message scribbled on a pink balloon to his little girl, "Daddy loves you, always and forever."

    Nearly nine months since his daughter was killed, Obie Acosta can't believe he won't get to hug his daughter on her birthday. "I feel lost right now, it's supposed to be a happy day but it's not and, you're supposed to spend time with your kids and everything."

    On Sunday, Sophia Acosta's family gathered in Exeter to remember the little girl with a moment of silence and bright balloons. "Just her smile, her smile, she was so energetic, she was the sweetest little girl anybody could ever meet," said Sophia's aunt, Ashley Acosta.

    On May seventh, at an Exeter apartment, police found Sophia severely injured and not breathing. She died four days later.

    Her mother's live in boyfriend, Christopher Cheary is facing murder and sexual assault charges. The charges include several special circumstances -- including torture, which could have Cheary facing the death penalty, if convicted.

    But her family says Sophia's mother, Erika Smith should be prosecuted for child neglect. Smith did not attend the event.

    "She knew it was ongoing, she admitted to knowing about the drug usage, about the domestic violence going on between them. There is police reports of her admitting that so I don't see how they have not arrested her yet," said Ashley Acosta.

    On Sunday, they let go of the balloons for Sophia, knowing the memories would remain.

    http://abclocal.go.com/kfsn/story?se...cal&id=8532982

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    Dr. calls girl’s death ‘worst case I’ve ever seen'

    The first witness testified earlier this month in what Exeter Police have called the worst crime in the City’s history.

    Only one witness was called to the stand during the April 5 preliminary hearing of Christopher Rey Cheary, the man accused of raping and killing his live-in girlfriend’s 3-year-old daughter. The witness, Dr. Phillip Hyden of Children’s Hospital Central California, shared the police department’s sentiment during redirect with Deputy District Attorney David Alavezos.

    “… I imagine you’ve seen an extensive number of child abuse cases,” Alavezos asked.

    “I have,” Hyden replied.

    “In relative severity, where does this particular case range?,” Alavezos continued.

    “This is one of the worst cases I’ve seen in my career.”

    It was a telling statement as Hyden’s career has centered around child abuse and child protection for more than 25 years. Hyden told the court he had 32 months of training to be an expert of child abuse pediatrics at the National Center for Prevention and Treatment of Child Abuse and Neglect in Denver. From 1987-1995 Hyden was director of the child protection team at New York Hospital, Assistant professor of the Violence Intervention Program at USC from 1997-2008 and was the medical director of the Child Abuse Program for the entire state of Hawaii from 2008-2010. Hyden became Medical Director of Child Abuse and Prevention Program at Children’s Hospital Central California in May 2010. In all, Hyden has testified as an expert witness in at least 12 different counties in four states.

    “I am called on every suspected case of child abuse and neglect or neglect in the hospital, in the ER, in the Intensive Care Unit and on the Pediatrics Ward,” Hyden testified. “We also are referred cases for medical clearance for suspected abuse or children going into foster care from the outlying county areas, which we serve a ten county area including this one, Tulare.”

    On May 7, 2011 just before 4 p.m., Exeter Police Department and medical personnel were dispatched to the 800 block of West Visalia Road for a juvenile not breathing. Upon arrival officers were led to Sophia whom was lifeless on the floor. Medical personnel attempted to revive her and then transported her to Kaweah Delta Hospital. She was later airlifted to Children’s Hospital Central California where she remained in critical condition on life support.

    Hyden said he spoke to Sophia’s mother, Erica Smith, who told him that Sophia had fallen down a stairway “two days ago” and fell onto a plastic toy shopping cart “today,” referring to the day she was taken to the hospital. Hyden said Sophia was supposedly injured around 4 p.m. on May 7 and he examined her between midnight and 2 a.m. on May 8.

    Hyden said after her arrival at Children’s Hospital, Sophia was completely unresponsive and “being kept alive by the ventilator” when he examined her. She was bleeding from her mouth and private regions from “not an accidental trauma.”

    “That means that these injuries weren’t self-inflicted by the child or caused by any type of normal childhood accident,” Hyden explained.

    In addition to the bleeding, Hyden said Sophia’s brain showed a lack of oxygen and blood flow consistent with “shaking plus impact” and had bruises on her scalp and underneath her scalp and abdomen. Hyden said a urine test showed signs of marijuana in her system.

    Hyden said, “I believe this child was sexually assaulted. I believe this child was struck in the abdomen. I can’t tell you if it was one or two times because the injuries are in different places but it probably was two times. And also was subjected to severe accelerated forces and an impact and maybe multiple impacts because of the different planes of injury on the head from someone exerted a tremendous violent force on this child and in a repetitive manner ultimately causing her death.”

    During cross examination, Deputy Public Defender Bill Meuting pointed out there were no signs of DNA enzymes found during the rape kit conducted by Dr. Hyden. However, Hyden said that would not rule out sexual abuse for various reasons. Meuting also asked Hyden if the bruising on her abdomen could have been caused by an untrained person attempting CPR.

    “This is a blunt impact,” Hyden said. “It’s not due to compression.”

    During Alavezos’ recross examination, he asked Hyden if there was anything to indicate a history of violence. Hyden said during his conversation with Sophia’s mother at Children’s Hospital, Smith admitted there was a history of domestic violence but said Cheary had never harmed Sophia. However, we asked about their sexual relationship, Hyden said Smith revealed that she thought Cheary “could have done this to the child.”

    “She also said that if he did do this, she never wanted him to be around the kid again and never wanted to see him again,” Hyden continued.

    While Smith has not been charged with a crime, Judge Gary Paden informed conflict counsel that she will need an attorney.

    “I told him I want a lawyer assigned to represent Erica Smith if and when she ever shows up in this matter,” the judge said.

    Cheary, 20, of Exeter was living with Smith and her two children, Sophia and then 16-month-old Alexa, at the apartment in Exeter where police found Sophia unconscious on the floor. Cheary was arrested on June 2 in Turlock, Calif. An autopsy later revealed Acosta died of blunt force trauma.

    He is being charged with one count of murder with special circumstances for sodomy, torture and lewd and lascivious acts; one count of assault of a child causing death; one count of sodomy and one count of forcible lewd acts on a child, each with three special allegations for sodomy, inflicting torture and causing great bodily harm to a child under 14. The murder charge makes Cheary eligible for the death penalty.

    Cheary pleaded not guilty to all counts at an arraignment on June 6. Cheary will return to court on June 16 to set a date for a preliminary hearing. Cheary is being held at the Bob Wiley Detention Facility without bail. Cheary’s preliminary hearing will continue on July 5 and 6 at 8:30 a.m. in Department 11 of Tulare County Superior Court.

    http://www.thesungazette.com/article...ews/news01.txt
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    Cheary Ordered to Stand Trial

    A young Exeter man will face trial for the alleged murder and sexual assault of his girlfriend's 3-year-old daughter.

    A judge ruled Tuesday that there is enough evidence against 21-year-old Chris Cheary to put him on trial for the brutal 2011 death of Sophia Acosta.

    Cheary could face the death penalty if convicted on all counts.

    http://www.kmjnow.com/pages/landing?...797&feedID=806
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    March 4, 2015

    Cheary’s murder trial set for 2016


    Nearly four years have gone by since the City of Exeter experienced one of the worst murders in it’s history.

    The wait for justice to be served will continue, as it was announced that Christopher Rey Cheary will not go to court until early next year.

    Many in the community had hoped the trial of an Exeter man accused or raping and killing his girlfriend’s 3-year-old daughter would go to court this year, but it looks as if the trial may not begin until January 2016. The Trial Setting hearing for

    Christopher Rey Cheary of Exeter was held on Feb. 18 in Department 5 of Tulare County Superior Court. At the trial setting it was determined that Cheary’s jury trail will be held on Jan. 19, 2016 at 8:30 a.m. in Dept. 5.

    Cheary is being charged with one count of murder with special circumstances for sodomy, torture and lewd and lascivious acts; one count of assault of a child causing death; one count of sodomy and one count of forcible lewd acts on a child, each with three special allegations for sodomy, inflicting torture and causing great bodily harm to a child under 14. The murder charge makes Cheary eligible for the death penalty.

    Cheary pleaded not guilty to all counts at an arraignment on June 6, 2011. Cheary is being held at the Bob Wiley Detention Facility without bail. Cheary was arrested in May 2011 after Sophia Acosta, the 3-year-old daughter of his live-in girlfriend Erica Smith, died at Central California Children’s Hosptial in Madera. At Cheary’s preliminary hearing on April 5, 2012 Dr. Phillip Hyden of Childrens Hospital Central California offered a clinical description of the blunt force trauma, exposure to marijuana and sexual assault the 3-year-old Sophia endured before she died. With more than 25 years of experience with child abuse cases in several states, Hyden states, Hyden described the abuse as the “worst case I’ve ever seen.”

    But it wasn’t until Exeter Police officers’ testimony at a hearing on July 19 that the horrific circumstances surrounding Sophia’s death could truly be imagined. Throughout the course of the hearing, officers testified to the horrific smell of the house, traumatic injuries to a small childs body, alternating and contradicting stories between Erica Smith and Cheary and signs of drug, domestic and sexual abuse on that fateful day.

    On May 7, 2011 just before 4 p.m., Exeter Police Department and medical personnel were dispatched to 855 W. Visalia Road Apartment #9 for a juvenile not breathing. Upon arrival officers were led to Sophia whom was lifeless on the floor. Medical personnel attempted to revive her and then transported her to Kaweah Delta Medical Center. She was later airlifted to Childrens Hospital Central California where she remained in critical condition on life support before her body succumbed to injuries and trauma.

    The officers testified that Cheary told them he and Erica were downstairs watching television when he heard a thud in Sofias room. When he opened the door, Cheary claimed he found Sofia lying on the floor dressed in her panties and a T-shirt and covered in vomit. Cheary said she was not breathing when he found her.

    Officers stated both Erica and Cheary admitted to heroin use and that they smoked it from tin foil similar to that found during a search of the apartment. Erica also told Green she noticed Sophias bruises to her back and buttocks when she was in the shower with her on May 6, but that she did not know how her daughter got those injuries. When Green asked if Cheary disciplined the kids, Erica stated he does not discipline them. Officer testimony also said Erica admitted to lying in her first interview after Sophia was found because she was afraid she would lose custody of the girls. She also stated that Cheary beat her and had last hit her three weeks ago.

    Officers testified that on the morning of May 7, Erica wanted to leave and break up with Cheary. She said she was upset that he hadn’t stayed in bed with her. When Erica told Cheary she was going to wake the girls Cheary said she better not and that if she did he’d punch her. Erica told Green that Cheary then grabbed her.

    When she tried to hit Cheary, he slapped her on the face and then took her into the master bedroom and hit her head against the wall. Erica told Green she asked Cheary to leave and he refused. An autopsy report stated Acosta died of blunt force trauma. Sophia and her sister, Alexa, 16 months, were living with mother Erika Smith and her boyfriend Chris Cheary.

    http://www.thesungazette.com/article...-set-for-2016/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Jury selection begins in baby Sophia case

    Christopher Cheary kept his eyes locked on the table in front of him as charges were read to potential jurors early Monday morning. After five years of waiting behind bars, the Exeter man’s trial is set to start soon.

    Cheary is accused of the 2011 rape and killing of 3-year-old Sophia Acosta.

    Multiple waves of jurors flooded the Tulare County courthouse Monday morning in Visalia. Prosecutors and the defense hope to settle on 12 impartial jurors and several alternates. Those selected will decide whether Cheary is guilty of Sophia’s death. They could also decide if the Exeter man lives or dies.

    As Judge Joesph Kalashian read the charges, one man let out a sigh of disbelief. The charges include one count of first-degree homicide, torture while engaged in rape with a foreign object, and that the acts were intentional.

    Assistant District Attorney David Alavezos turned in his chair and studied the crowd’s response to the allegations.

    The judge reminded those sitting in the courtroom that Cheary is innocent until proven guilty.

    “All it takes to hold someone for trial is probable cause,” Kalashian said.

    On May 7, 2011 Exeter police officers arrived at the apartment of Erica Smith, Sophia’s mother. Inside, they found the toddler’s lifeless body.

    Sophia was rushed to Kaweah Delta Medical Center and later airlifted to Valley Children’s Hospital. She died in the hospital from a brain hemorrhage and other injuries.

    Cheary was arrested on June 2, 2011 on suspicion of homicide with a special allegation that the death was caused during a sexual assault.

    The trial could last two months, Kalashian said.

    One woman in the crowd asked to be excused due to the nature of the charges.

    “I had a really strong emotional reaction to the little I’ve heard about this case,” she said.

    In the first wave, 46 people were dismissed due to hardships. The second round of jurors dismissed roughly the same number of jurors.

    One woman asked to be excused because she is the sole provider for her two sons, but many asked to be removed because they could not make an impartial decision because of the way in which Sophia was killed.

    “I’m uncomfortable with the nature of what’s being brought up,” one woman said. “I have personal experience.”

    Those who were not dismissed due to hardship were asked to take a lengthy questionnaire and will return to court on Sept. 1.

    Cheary faces the death penalty or life in prison without the possibility of parole, if convicted.

    http://www.visaliatimesdelta.com/sto...case/89131246/

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    Death penalty trial starts in Baby Sophia case

    By Lewis Griswold
    The Fresno Bee

    The death penalty trial of Christopher Cheary, accused in the sexual assault and blunt-force trauma death of a 3-year-old girl, started Monday, more than five years after the toddler was found dead.

    Cheary, 25, is accused of 1st-degree murder in the death of Sophia Acosta at an apartment building in Exeter. He committed sodomy, torture and lewd acts, making it a capital case, the Tulare County District Attorney's Office said.

    A jury of 6 men and 6 women is hearing the case before Judge Jospeh Kalashian. There are 7 alternate jurors.

    On the afternoon of May 7, 2011, Exeter police went to an apartment building on the 800 block of West Visalia Road after getting a call from a neighbor that a child reportedly was not breathing.

    Paramedics found her lifeless on the floor of the apartment where she lived with her mother, Erika Smith, and her mother's boyfriend.

    The girl was taken to Kaweah Delta Medical Center, then flown by helicopter to Valley Children's Hospital. She never regained consciousness and died May 11. Her organs were harvested.

    A few weeks later, Cheary was arrested in Stanislaus County following an investigation by Exeter police.

    Proscutor David Alavezos told jurors during opening statements that Smith and Cheary had an argument and Smith left for Visalia, leaving Sophia and a younger sister with Cheary, and later returned.

    After she returned, she soon went over to a neighbor's apartment and asked for a ride to the hospital because Sophia wasn't breathing. The neighbor called 911 and went to the apartment.

    Circumstantial and physical evidence links Cheary to Sophia's death, including semen found on a bedskirt in Sophia's room, a condom wrapper, unusual actions and differing stories told by the defendant, he said.

    "He later admitted he lied," Alavezos said.

    The girl was bleeding from her anus and the autopsy showed lacerations to the girl's anus, she said. She had bruises to her back, buttocks and head, he said.

    Cheary used heroin, he said.

    But defense attorney Angela Krueger started her opening by challenging the prosecutor's case against Cheary.

    "There was no rape, there was no torture, there was no murder," Krueger said.

    The prosecution has said there was significant blood coming out of Sophia's anus, "but at the apartment, there was no fresh blood," she said. "If there were anal lacerations, there would be blood in the apartment."

    At the hospital, the girl was bleeding from several places and the medical evidence will show the girl may have suffered from a blood-clotting problem, she said.

    She died of lack of oxygen to the brain because she had blood clots, she said.

    "It's rare, but children do get blood clots," Krueger said. She had massive irrerversible brain swelling, she said.

    As for Cheary's DNA, "they found none of him on her or her on him," she said. "There was no DNA of Mr. Cheary anywhere where it shouldn't have been."

    The small amount of his sperm found on a bedskirt is explainable from living with his girlfriend and does not link him to her death, she said.

    Police missed the condom wrapper on several searches, she said. It was never checked for fingerprints, she said.

    Cheary told police a story the girl's mother told him to tell, she said.

    She admitted Cheary was using heroin and had smoked it with his girlfriend, she said.

    Neighbor Mary Ann Flores said Smith pounded on her door and was hysterical and wanted a ride to the hospital because Sophia wasn't breathing.

    She went to the apartment and Cheary brought down a lifeless body from the 2nd floor.

    "She was nude. She was sopping wet," Flores said. When she asked why she was wet, Cheary said. "because he had to rinse her off."

    Cheary tried CPR on the girl, but "to me she was already dead," Flores said.

    http://www.fresnobee.com/news/local/...104320766.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Jury finds Christopher Cheary guilty of murdering 3-year-old Exeter girl

    FRESNO, County (KFSN) -- A jury found Christopher Cheary guilty Monday of murdering his girlfriend's 3-year-old daughter.

    Authorities said Sophia Acosta, 3, was found beaten and unconscious on the floor of her family's Exeter apartment in May of 2011. Sophia was rushed to a hospital in Visalia as well as Valley Children's in Madera County before she died.

    Sophia had been in the care of Cheary when she died. During the trial, numerous medical professionals testified Sophia died of severe, non-accidental blunt force trauma.

    And after five-and-a-half hours of deliberations, Cheary was convicted on all counts. It was a long trial that included graphic details and images that often provoked friends and family members to become emotional in the courtroom.

    This trial started in late September and wrapped up on Thursday with closing arguments. Tulare County District Attorney Tim Ward said he's pleased with the verdict, but he said it's not over yet because we still have the sentencing phase.

    "Not only pleased with the juror service but also that we could in some small way bring closure to some of the family members in that way," he said. "But the reality is is the trial is still pending and it's really not appropriate to talk about the details, as you know."

    During the trial, Cheary's defense team argued Sophia had a rare blood clotting disorder and that there was no rape, murder or torture. They also argued that the DNA evidence didn't connect Cheary to Sophia's death

    Cheary's sentencing phase begins Wednesday. He does face the death penalty, and that's what prosecutors will argue for but the other option is life without the possibility of parole

    http://abc30.com/news/jury-finds-chr...-girl/1607040/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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