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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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    Cheary case concludes with death sentence verdict

    2016’s waning months saw the conclusion to Exeter’s worst crime in history. Now convicted of murdering his live-in girlfriend’s 3-year-old daughter, Sophia Acosta, Christopher Cheary awaits official sentencing on Jan. 30, 2017 after the jury has already recommended the death sentence.

    There are many accounts of what happened to Acosta on May 7, 2011, but Exeter police officer Brandi Garcia’s may be the most chilling.

    First to the scene

    Garcia, who had only been with the Exeter Police Department for a few months, was one of the first responders to the #9 apartment at the Exeter Apartments on the corner of Visalia Road and Belmont. Garcia said she entered the apartment at about the same time as medical personnel. She said Sophia’s mother, Erika Smith, was outside the apartment crying and Garcia immediately saw Sophia lying naked on a towel on the floor of the living room. Cheary, was standing in the room within a few feet of the girl.

    “She wasn’t moving and medical personnel were attending to her,” Garcia said.

    Officer Randy Smith arrived about the same time as Officer Garcia. With 29 years of law enforcement experience, Smith was quick to act. He found Sophia had a faint pulse and then conducted a sternum rub, a procedure involving using a knuckle to lightly rub the middle of the chest in order to stimulate the heart.

    “The baby started to gasp and then medical personnel took over,” Smith said. “When she gasped I heard a gurgling sound which indicated she had aspirated.”

    Garcia said halfway up the stairs to Sophia’s room she could already smell a foul odor of feces and vomit.

    Officer Smith later headed up to the room where he observed blood splatter on the door jam and tissue paper on the ground of the room and bathroom that were stained with what he thought was dried blood. Downstairs, Erika said Cheary had tried to clean up by picking up loose items and stuffing them into the playpen. Smith said he saw a pillow and blanket in the pile that appeared to have dried blood stains. Erika told the officer the pillow and blanket are normally in the master bedroom and that it was out of the ordinary for Cheary to clean up. Smith also found foil bindles commonly used for heroin with a brown liquid that appeared to be opiate residue. Lab results later confirmed the substance as heroin but they were not sufficient to prosecute.

    The officers testified that Cheary told them he and Erika were downstairs watching television when he heard a thud in Sophia’s room. When he opened the door, Cheary claimed he found Sophia 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. Cheary said she appeared bloated, so he pushed on her stomach and vomit came out several times. She was also covered in feces, so Cheary told the officers he picked her up and took her to the bathtub where he had hoped cold water would bring her back to consciousness. He said after running the water on her, he took off her wet clothes, wrapped her in a towel and took Sophia downstairs to the living room.

    “After he attempted CPR, Cheary said [Erika] freaked out and ran outside the building calling for help,” Garcia said.

    Once downstairs, officers said Cheary mentioned attempting CPR on the girl including pinching her nose closed and breathing into her mouth. He also said she vomited in his mouth, but officers stated there were no signs of vomit on his face.

    “Erika was visibly upset,” Garcia said. “Cheary seemed stressed but was speaking very clearly.”

    Acosta, was pronounced dead four days later at 11:05 p.m. on May 11 after being rushed to hospital and remaining on life support from the date she was found. Acosta was airlifted to Children’s Hospital Central California in critical condition. Doctor’s at Children’s Hospital advised the Exeter Police Department of internal brain hemorrhaging and other injuries making the case suspicious in nature. An autopsy report later revealed that Acosta died of blunt force trauma and signs of sexual abuse.

    Officers went on to investigate Cheary and Erika the night of May 7. Then a 12-year veteran of the Exeter Police Department, Sgt. Celis Rabina was called in as a supervisor for the investigation. Rabena first spoke to Erika at about 9:04 p.m. on May 7 at the Exeter Police Station. Rabena said Erika told him she and Cheary had been dating for seven months and living together for the last four months. Erika stated that she went to Save Mart at 8:30 a.m. that morning for quarters.

    After lunch, Cheary took Erika’s daughters, including Sophia, upstairs for a nap and then came downstairs. Cheary then twice went upstairs saying he heard noises. The second time he went up he called down to Erika and said there was something wrong with Sophia. She ran upstairs and saw Sophia on the floor, on her back, with one eye open. She stated she could not remember who came up with the idea to put her under cold water. She then ran to a neighbors, who called 911. After she returned Sophia was downstairs and they started CPR with Cheary breathing into Sophia’s mouth and Erika handling chest compressions.

    When Sgt. Rabena asked Erika about the bruising near Sophia’s buttocks, she told a story about Sophia tripping on the stairs and falling on play blocks during the time period when she was not home.

    Both Sgt. Rabena and Exeter Detective Daniel Green said Erika’s stories changed dramatically from her original interview with Rabena.

    Just shy of a full month later, on June 2, judge Joseph Kalashian issued a warrant for Cheary’s arrest. He was located a day later in Turlock and arrested that evening. Cheary was 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 made Cheary eligible for the death penalty.

    Cheary went on to plead not guilty to all counts on June 6, 2011.

    Prison punishment

    Set to appear in court on June 16, 2011, Cheary who was 20 years old at the time, was one of three inmates involved in a violent altercation while being transported through the underground tunnel from the Main Jail to the Tulare County Courthouse, according to the Tulare County Sheriff’s Department.

    Several deputies attempted to break up the fight. Two deputies received minor injuries and were medically cleared to return to work the same day. All three inmates denied medical attention. The Sheriff’s Department chose not to release any information about any of the inmate’s injuries including Cheary’s. As a result Cheary’s preliminary hearing was rescheduled for July 1, 2011 but after several additional movements of the date his preliminary hearing was not held until April of 2012.

    Cheary pre-trial

    Only one witness was called to the stand during the April 5, 2012 preliminary hearing, Dr. Phillip Hyden of Children’s Hospital Central California, who shared the police department’s sentiment during redirect with Deputy District Attorney David Alavezos, who prosecuted the case.

    “… 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 on 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 10-county area including this one, Tulare.”

    Hayden 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,” Hayden explained.

    In addition to the bleeding, Hayden 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. Hayden said a urine test showed signs of marijuana in her system.

    Hayden 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 exerting 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. Hayden. However, Hayden said that would not rule out sexual abuse for various reasons. Meuting also asked Hayden if the bruising on her abdomen could have been caused by an untrained person attempting CPR.

    Cheary trial begins in 2016

    The trial was presided over by Judge Joseph Kalashian in Department 5 of the Tulare County Superior Court, more than five years later on Sept. 26, 2016. Proceedings opened with supervising District Attorney David Alavezos, the lone representative of the prosecution, speaking softly in his emotional appeal to the jury. He provided a timeline of events starting with a photo of Sophia taken on May 6, 2011, the day before her lifeless body was rushed to the hospital for what appeared to be a molestation-murder that showed signs of rape and bordered on torture.

    “She went down to the park to take some photos. She was lively, angelic,” Alavezos said. “On May 7, she was taken to Kaweah Delta Hospital first, and then, due to her injuries, to Valley Children’s where she died.”

    In charge of Cheary’s defense were Deputy Public Defenders Timothy Rote and Angela Krueger.

    Forensics fail to cast doubt

    Two forensic scientists who analyzed samples from five items at the crime scene determined there was little evidence of Cheary’s DNA on the items.

    Sean Carhart, who is currently employed with the Washington State Patrol Crime Laboratory in Tacoma, Wash., worked as a forensic scientist at the California Department of Justice at their Fresno Regional Crime Laboratory in 2011. Carhart said his primary job was locating, identifying, and preserving body fluid stains on evidence submitted relating to criminal cases, and then to pass on those samples for DNA testing.

    Carhart studied five items including a white knitted blanket, a pink blanket with a Care Bear print, a bed skirt, a towel with brown stripes and a mattress cover. Carhart said he found a blood stain and two semen stains on the white blanket. He found three bloodstains on the pink blanket and possibly semen stains. There were numerous semen stains on the bed skirt, including the center beneath the mattress and along the ruffles of the edges. There were also bloodstains on the mattress cover. He also found blood and semen stains on the towel. Carhart noted the towel was unique because there were traces of sperm but not the two more common components found in semen stains.

    He made it clear that this was not DNA testing, but rather a preliminary test to tell investigators if there was the presence of DNA so that those stains could undergo further testing. Carhart also said that he only tested for blood and semen and that he didn’t do any other testing to determine what the stains were from, such as if they were vomit, feces, saliva or urine.

    Public Defender Timothy Rote pointed out that there is no way to determine how long the stains were there in the preliminary form of testing. Carhart also noted that semen stains can last up to 20 years as possible evidence if preserved through freezing.

    Once identified as being blood or semen stains, the items were then sent on to DNA testing. That testing was done by Mindy Crow, a senior criminalist with the California Department of Justice Crime Lab in Fresno. She has testified on DNA cases in court more than 70 times since 2003. Crow handled the rape kit on Sophia and the examination of fingernail scrapings and a penile swab from Cheary. Crow said the fingernail scrapings were negative for blood. Crow took DNA samples from Erika, Cheary and Sophia. Crow said Sophia’s DNA was not present in the penile swab taken from Cheary. None of Cheary’s DNA was found in the semen stain on the bed skirt. No semen was found on Sophia.

    Alavezos asked if washing the items would have removed essential DNA evidence from the items, to which Crow replied, “Yes.” It was an important distinction as both Smith and nearly every other witness, EMT and officer on the scene testified that Sophia’s body was soaking wet on the living room floor when they arrived.

    In her analysis of the white blanket, Crow said there was not enough male DNA to determine if it belonged to Cheary but there was clearly bloodstains with Sophia’s DNA. The same was true of the Care Bear blanket. The semen stain on the towel could not be narrowed to less than four males. A cutting from a non-stained portion of the towel also showed DNA from at least two people. She reiterated it is not possible to date how long the fluid had been on the item.

    The blood stain on the Care Bear blanket did match Sophia. And Sophia’s DNA was the only one found on the Care Bear blanket. The bloodstain on the towel was a mixture of two people, but Crow said there was not enough of any one person’s DNA to determine which two people. The semen stain on the towel was a mixture of four people, too many to narrow the DNA down to a single person.

    “When you have many contributors to a DNA mixture, you have a greater chance of just including somebody by chance,” Crow said.

    Only Sophia’s DNA could be obtained from the mattress samples but there was evidence of at least another person in the mix. A non-stained section of the mattress had DNA from at least three people.

    “That could be explained by somebody sleeping on that mattress cover over some period of time, not all together, not all at the same time, right?” Rote asked.

    Crow replied, “That could be, yes.”

    Smith’s inconsistent account

    Erika Smith took the stand during the trial on Sept. 29 to render her testimony, Alavezos asked the now 26-year-old about Cheary in which she stated that Cheary was a typical addict who was teeming with anger, violence and abuse when he needed a fix. She said Cheary had choked her out, pushed her against a wall, threw picture frames at her and made death threats when she tried to make him leave on several occasions.

    The first thing Smith remembered about May 7, 2011 was that she and Cheary were involved in an argument but said she could not recall what the argument was about or if it got physical. She said the argument ended when she left to get heroine because “whenever he’s coming down, he is a different person. And I figured it would make things better.”

    Smith took two buses to Visalia where she purchased between $20 and $30 of heroine, but Smith testified that she thought it was a concentrated form of THC, the main mind-altering ingredient found in marijuana cigarettes. When she returned to the apartment in Exeter, Smith said she checked in on both girls who were sleeping in a twin bed in their room upstairs. Smith said she only remembers watching a movie between then and when the police arrived an hour and 40 minutes later.

    Alavezos asked if Cheary went upstairs to check on the girls during that time, to which Smith replied, “I don’t recall if he went up and checked on them or not.”

    Smith did say she thought it was odd that Cheary had cleaned the downstairs because he rarely picked up around the house.

    Smith recalled hearing a thud from the girls’ room upstairs and later testified that she thought Sophia had rolled off the bed in her sleep. When Smith went to investigate, she said she found Sophia lying naked on the ground but later said she was wearing panties. She immediately noticed that Sophia had vomit on her so she ran downstairs to call 9-1-1. In between calls, Smith went back upstairs and found Cheary washing Sophia off in the bathtub. She then wrapped Sophia in a towel and took her downstairs before running to the neighbors to ask for a ride to the hospital. After returning to the apartment, Smith said she couldn’t remember if she or Cheary attempted CPR.

    This was very different than the account that Smith had provided officers with the Exeter Police Department. Smith denied telling officers that Cheary had left the couch while they were watching TV to take one of the girls a glass of milk, that Cheary then yelled downstairs and she came running up and that they both agreed to take her to the bathroom and run cold water on her. Smith later admitted lying to police in the first interview because she was afraid of going to jail for drug use and of having her children taken from her.

    “I didn’t know what was going on with the severity of the case or the issue that was going on,” Smith said. “And I was afraid of admitting that I went and got heroin.”

    Rote asked Smith if Sophia had any bruising prior to May 7, 2011. Smith replied that a bruise on Sophia’s ear and rear were both their prior to the date. Rote then asked if Smith trusted Cheary with her children to which she replied, “Yes. From what I experience and what I saw, there was no type of negative relationship with my children,” she testified. However, during pretrial Exeter Sgt. Rabina testified that he interviewed Smith a second time on May 8, 2011. There she admitted to lying about going to Save Mart for quarters 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 prior.

    Hyden reappears in court


    “The cases where we see children, like this child, who have sustained any injury like this, is less than one in a million,” Hyden said.

    Hyden said he sees about 300 cases of child trauma each year, and about 25% of those cases have less severe similarities to Sophia’s injuries. Throughout the course of his career, Hyden estimated he had seen 8,000 to 9,000 child sexual abuse cases. Sophia was the only case he had seen where a child on a respirator was bleeding from the anus.

    “It’s one of the most severe cases I’ve ever seen … although I’ve had some really horrendous cases that may have findings, more external findings of, like, whiplashes and extension cord marks and burns. Those kids are alive; this kid died. That’s concerning because it meant that this kid suffered fatal, nonaccidental trauma.”

    Public Defender heading up Cheary’s defense, Angela Kreuger asked if there is a single test, such as a blood draw, to determine if there was sexual abuse. In the case of children, Hyden outside of a sexually transmitted disease there is no single test. Hyden also confirmed that Sophia’s blood did not test positive for any sexually transmitted diseases, such as HIV, hepatitis, herpes or syphilis but also said those tests would have been done too early to diagnose something that happened within days of the potential sexual contact.

    Hyden said there is in fact a study that lists four factors in determining sexual abuse and that one of his respected colleagues had conducted the study. During Alavezos’ redirect, Hyden pointed out that experts, such as himself, ophthalmologists, neuro surgeons and other specialists at Valley Children’s are highly trained to draw conclusions from the available information to determine the most likely scenario of what happened to children brought to their emergency department.

    Krueger questioned the doctor’s conclusion that the bruises and rectal bleeding were from sexual assault. She went point by point with the doctor on each bruise and finding from his examination. During the line of questioning, Krueger brought out that Sophia had several capped teeth, one which was consistent with her mother’s story that Sophia had cracked a tooth during a fall. She also confirmed with the doctor that bruises to Sophia’s scalp were not confirmed until an autopsy on May 16 and not during his initial examination in the early morning hours of May 8. There was also some uncertainty as to whether Sophia had a subdural hematoma, or a pooling of blood between the brain and the skull caused by severe head trauma.

    At one point, Kreuger offered a parallel hypothetical case involving a child that was not sexually assaulted and had no bruises but some scalp swelling on one side of the scalp, no subdural hematomas, no retinal hemorrhages yet significant cerebral edema and aspiration pneumonia, would Dr. Hyden determine that the child was a victim of non-accidental trauma?

    “I would not be able to make an assumption of non-accidental trauma without doing more testing, but I certainly wouldn’t exclude it as a possibility.”

    Krueger offered another parallel hypothetical of a child with a history of jumping off the bed were to hit their head on a metal toy on the ground, would the doctor conclude it was accidental trauma? Such as a cerebral edema, a swelling of the brain?

    “I’ve never seen a kid jumping off a bed and get cerebral edema in the head,” Hyden testified.

    Guilty

    After listening to weeks of testimony, on Monday, Nov. 14, a jury found Cheary guilty of first-degree murder with the special circumstances of sexual penetration with a foreign object and that the crime occurred during the commission of torture.

    Throughout the course of the six-week trial, Cheary’s defense asked the jury to ignore a mountain of circumstantial evidence and focus on the fact that there was no blood coming from Sophia’s body during an ambulance ride to Kaweah Delta Medical Center, that none of Cheary’s DNA was found on the toddler and that none of her DNA was found on him. Deputy Public Defender Angela Kreuger called the case a “medical mystery” because Sophia’s body did not have any ligature marks, where someone would have held her down, bite marks to fight back or any evidence of torture.

    But despite the defenses best effort the jury had heard enough to determine that Cheary committed the crime that he was accused of.

    Alavezos repeatedly reminded the jury that Cheary was the only person besides Sophia’s 1-year-old sister Alexa who was at the apartment in the hour before first responders arrived to find her unconscious on the living room floor. He also washed her before bringing her downstairs in a towel, essentially destroying any DNA evidence linking him to the crime.

    In her own testimony, Smith outlined Cheary’s pattern of drug and physical abuse but in the same breath defended him as someone she could trust her children with. She also admitted to lying to police during interviews following Sophia’s death.

    Jury recommends death penalty

    After the conviction the jury was given a week of testimonial to determine their recommendation to the judge in regards to the death penalty.

    Krueger told the jury that Cheary never had the chance at a normal life. She said the slow and steady decline of Cheary’s parents relationship and his father’s own drug use “devastated” Cheary as an adolescent. By the age of 15, Cheary was already addicted to heroine and he and his older brother were left in an apartment to raise themselves. Yet, during his 2,000 days of incarceration over the last five and a half years, Krueger said Cheary has behaved well because it was the first time in his life he had been in a structured and supervised environment.

    “It’s important to understand this person before you make a life and death decision,” Krueger said. “Each of you has an individual responsibility to make the decision, ‘Is it necessary to kill Christopher Cheary?’”

    “He may not have confessed to the crime but the evidence in the case was overwhelming,” Alavezos said in an interview after the after the jury rendered their sentencing recommendation.

    Alavezos said there are many who may not agree with the death penalty in this case, but says they should understand that the brutal murder of a child is a death sentence for her family as well. He said a lot has been said about Sophia’s mother, Erika Smith, who chose to stay with Cheary despite the fact that he aggressively choked her on multiple occasions and kept her from her family, but she also testified to the future joys she will not share with her daughter such as the first day of school, making friends, dating and her wedding.

    Even more difficult to hear was the testimony of Sophia’s great-grandfather Sam Coronado. Alavezos said Coronado was in attendance at more than 100 court dates since Cheary was arrested in June 2011. He told the jury he drove 90 minutes one-way each day from his home and cried the entire time there and back. Then, when he arrived home, he refused to share the details of the case with his family, sparing their sensibilities but leaving him without someone to talk through the painful images and graphic details of the crime.

    “This crime will affect these family members for the rest of their lives,” Alavezos said. “It will affect people that have not even been born yet and often in very negative ways.”

    Alavezos said Cheary was also not a model citizen during his more than 2,000 days in jail. He has thrown feces at another inmate, been caught with a two-inch needle in his cell and had 300 days of extra punishment for his inability to follow the rules. The most damning piece of evidence presented during sentencing was a jail call from his father, Charles Cheary, in October. The elder Cheary told his son not to smile in the courtroom, even when the jury isn’t there because Sophia’s family was still there. His response was, “F___ ’em.”

    “That’s the kind of sympathy and respect he had for the family,” Alavezos said. “He didn’t show any remorse for these crimes.”

    Evidence in the sentencing phase of the trial ended at 11:30 a.m. on Nov. 29. After returning from a lunch recess, the jury deliberated until court ended session at 4:30 p.m. The jury continued deliberations at 9 a.m. the following morning, Nov. 30, and announced their decision just before 11 a.m.

    The 25-year-old will likely die in prison either by lethal injection or awaiting execution on death row. As of July 1, 2016, there were 741 inmates sentenced to death. Of those cases, 16% involved torture before the murder, 23% killed children and 5% murdered police officers. Only 13 executions have been carried out since 1976. The last person to be executed in California was Clarence Ray Allen in 2006. Allen was convicted of three murders and conspired to have eight witnesses killed following the 1974 robbery he orchestrated at Fran’s Market in Fresno.

    Judge Kalashian commended attorneys on both sides and Alavezos praised the Exeter Police Department, and the late Daniel Green, for their police work. Alavezos said Green taped every interview with every witness and was very thorough as the lead investigator of the crime. “Justice requires everyone doing their job. This was a team effort.”

    But justice will have to officially wait until later this month. Alavezos said that Judge Kalashian will not hand down an official sentence until Jan. 30, 2017. The prosecutor explained that the delay gives the defense time to file a motion for the judge to review the jury’s sentencing and takes into account the amount of time the court was dark for the holidays. Once filed, the District Attorney’s Office will review the motion and prepare their argument. The judge will hear both sides on Jan. 30 and make a final ruling on Cheary’s sentence that day.

    http://www.thesungazette.com/article...tence-verdict/
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  6. #6
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    The mother Erika should have been sterilized for allowing this monster into her home.
    "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.”
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  7. #7
    Senior Member CnCP Legend Mike's Avatar
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    He murdered a 3-year-old girl, and now the judge has sentenced him to death

    BY LEWIS GRISWOLD
    The Fresno Bee

    Convicted murderer Christopher Cheary was sentenced to death Monday by a Tulare County judge for the killing of 3-year-old Sophia Acosta, also known as Baby Sophia.

    Cheary, 26, was found guilty by a jury in November of first-degree murder, with two special circumstances of sexual penetration with a foreign object and torture.

    Several days later, the same jury came back with a death-penalty verdict for Cheary. On Monday, Judge Joseph Kalashian upheld that choice.

    On May 7, 2011, police were called to an apartment in Exeter at which Cheary, then 20, lived with his girlfriend and her two girls. Sophia was unconscious.

    Sophia was taken to Kaweah Delta Medical Center and then Valley Children’s Hospital, where she died a few days later.

    At the sentencing, defense attorney Angela Krueger referred to the Biblical book of Matthew and the philosophy of the Rev. Martin Luther King Jr. in arguing for a sentence other than death.

    But prosecutor David Alavezos said the death penalty was the appropriate punishment given the facts.

    “This is what we call justice,” Alavezos said.

    Kalashian said he had no choice but to uphold the death penalty.

    “I took an oath when I took the job to follow the law,” he said. “I can’t nullify the penalty because of my personal views.”

    Several of Sophia’s relatives addressed both the judge and Cheary, who showed no visible emotion.

    “We will never see her go to school,” said Sherry Stone, an aunt. “We will never see her graduate. She will never get married and have children of her own. This monster has never shown one ounce of remorse.”

    Trina Lopez, a great aunt, said Cheary took Sophia’s life “like a thief in the night.”

    “As long as you are in prison and on death row you will have visits from your family,” she said. “We will have to visit her at the cemetery.”

    Sophia’s grandmother Diana Coronado said the girl’s death put the family through “the worst kind of pain.”

    “How dare you violate an innocent child,” she said. “You sealed your fate. May you rot.”

    During the trial, the prosecution showed pictures of Sophia’s badly bruised body.

    Cheary’s girlfriend Ericka Smith testified she went to Visalia that morning by bus to get him heroin, and left the girls with him. When she got back, the girls were asleep in a upstairs bedroom. She closed the door and went downstairs.

    He smoked some heroin and they both smoked marijuana, she said. She heard a thud upstairs and went to check on it.

    She found Sophia on the ground with her arm across her mouth, and she had vomited. Her eyes were in the back of her head.

    Smith called 911 and went to a neighbor’s apartment for help. The neighbor came to the apartment and said at the trial that she saw Cheary go upstairs and bring down Sophia, naked and sopping wet.

    She asked Cheary why the girl was all wet and Cheary told her, “he had to rinse her off,” neighbor Mary Ann Flores testified.

    Smith was never charged.

    Cheary appears to be the first person in California to be found guilty in a death-penalty case since the passage of Proposition 66 in November. The state Department of Justice said it is is not aware of any earlier case.

    The proposition gives death-penalty defendants on automatic appeal and legal representation more quickly, and allows lower courts to hear the appeals instead of going directly to the state Supreme Court. But Tulare County District Attorney Tim Ward has said it’s still not clear if the appeals process will move faster in Cheary’s case.

    http://www.fresnobee.com/news/local/...129695414.html
    "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

  8. #8
    Administrator Moh's Avatar
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    On March 3, 2020, counsel was appointed to represent Cheary on direct appeal before the California Supreme Court.

    https://appellatecases.courtinfo.ca....1TICAgCg%3D%3D

  9. #9
    Administrator Heidi's Avatar
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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
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #10
    Administrator Heidi's Avatar
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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
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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