Judge orders trial for Modesto parents accused of torturing kids

Two Modesto parents must stand trial on charges of torture, a judge said Tuesday as she shot down defense attorneys who argued that Terry and Chandy Indula are imperfect parents with questionable disciplinary methods, but not sadistic monsters who enjoyed beating two young girls.

The ruling from Judge Nancy Ashley came at the close of a preliminary hearing in Stanislaus County Superior Court in which prosecutors laid out their case against the Indulas and defense attorneys attacked the stiffest charges while also acknowledging some harm done to the girls, who were 3 and 5 at the time.

Deputy District Attorney Elaine Casillas referred to the Indulas as parents who derived "some type of pleasure" from repeatedly beating their children, while defense attorneys Frank Carson and Mary Ellen Hertle argued that some of the injuries were "accidental" or the result of "uninformed parenting."

The judge said there is enough evidence to let a jury decide.

The children, who are referred to as Jane Doe 1 and Jane Doe 2 in court, are the daughters of Terry Indula. Two other children in the home, an infant and toddler born to Terry and Chandy Indula, were unharmed.

The Indulas called 911 about 1 p.m. Nov. 11, 2006, because his 3-year-old was not breathing. She was airlifted to Children's Hospital & Research Center Oakland, where she underwent two surgeries and remained for six weeks.

A doctor told the court that the little girl had too many bruises and lacerations to count and permanent blotches on the back of her thighs.

Investigators interviewed the Indulas separately over a 10-hour stretch that included two visits to their west Modesto home.

Terry Indula said he punished his daughters by hitting them with a variety of objects, including electrical cords and a broomstick. Chandy Indula said she placed a 2-liter soda bottle filled with hot water and wrapped in a towel in bed with Jane Doe 1 because the heating system in the home did not work.

Defense attorneys said the towel could have fallen off the bottle, causing splash burns. The prosecutor said the bottle would have to be held against the child's skin for several seconds to cause such severe burns.

In addition to torture, the Indulas are charged with mayhem, inflicting great bodily injury on a child and permitting two children to suffer under circumstances likely to cause great bodily injury. The Indulas could be sentenced to life in prison if convicted of the stiffest charges.

Terry Indula, 28, is held in lieu of $1 million bail. Chandy Indula, 29, is held in lieu of $250,000 bail. They return to court Aug. 5.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

This story was originally published July 23, 2008 at 4:54 AM with the headline "Judge orders trial for Modesto parents accused of torturing kids."