Emotional testimony, jail phone call played in Oakdale mother’s murder hearing
A Stanislaus County judge heard emotional testimony and reviewed graphic evidence this week as prosecutors continued presenting their case against an Oakdale mother charged with murder in the drunk-driving death of her 4-year-old daughter.
The preliminary hearing for Juliette Acosta, which had originally been scheduled for Monday and Tuesday, will be continued into a third day Wednesday in Stanislaus County Superior Court before Judge Valli Israels.
Prosecutors are seeking to hold Acosta to answer on all charges, including a second-degree murder charge stemming from the March 8 crash that killed Reagan Herrin.
Acosta, 27, appeared in court both days wearing an orange-and-white Stanislaus County Jail jumpsuit and shackles. During portions of the hearing in which body-camera footage was played, she mostly kept her head down or stared straight ahead.
Around 50 to 60 people attended proceedings each day, including numerous members of Acosta’s family and some relatives and supporters of Reagan’s father, Gage Herrin. One person in the courtroom wore a shirt reading “Justice for Reagan.”
Several members of Acosta’s family cried during portions of the body-camera footage and other testimony.
The hearing has also been marked by repeated objections from both prosecutors and defense attorneys, at times prompting Israels and even the court reporter to instruct attorneys to stop speaking over one another.
The hearing has included body-camera footage from the aftermath of the crash, testimony from CHP investigators and a recorded jail call between Acosta and her father that drew emotional reactions from people seated throughout the courtroom.
According to testimony and court filings, prosecutors say Acosta drove drunk with Reagan inside the vehicle before crashing into an irrigation canal near Canal Bank and Alberg roads outside Hickman.
Authorities say Acosta struck a light pole before continuing to drive and eventually plunging into the canal without braking.
Prosecutors further say Acosta got out of the partially submerged Subaru but did not attempt to rescue Reagan before leaving the scene and later being found at a nearby residence while emergency crews attempted lifesaving efforts on the child.
One of the most emotional moments of the hearing came when prosecutors played a recorded jail phone call between Acosta and her father, Cliff Acosta.
In the call played in court, Cliff Acosta informed his daughter that Reagan had died. “You f---ing killed her,” Cliff Acosta said in the recording. “She’s dead. She’s not with us anymore, Juliette.”
Juliette Acosta repeatedly apologized and cried during the conversation.
“I’m so sorry,” she said multiple times during the call.
At another point in the recording, Cliff Acosta described holding Reagan after her death. “I had to hold her whole dead body and give her a hug,” he said.
Several members of Acosta’s and Herrin’s families cried in the courtroom while the recording was played.
Defense argues case does not meet murder standard
Defense attorney Gil Somera told The Bee on Tuesday that the case centers on whether prosecutors can legally prove implied malice – the standard required for a Watson-style second-degree murder charge in a DUI case.
“Second-degree murder is based upon implied malice, and implied malice is something very specific about what the driver knew, and the conscious disregard for human life at the time of the event,” Somera said.
Somera said he believes the case “does not rise to the level of murder.”
“This is a very tragic misjudgment, with very tragic consequences,” Somera said. “But I remain constant in my feeling that this does not rise to a level of murder.”
Somera also suggested additional testimony expected Wednesday could provide more context surrounding the crash and investigation.
“I think you will hear testimony tomorrow that will help one have a better understanding of the true events that took place,” he said.
Throughout Tuesday’s hearing, Somera questioned CHP investigators extensively about crash-scene procedures, DUI investigation protocols and whether officers properly investigated factors including possible head trauma and cold-water immersion after the crash.
CHP Officer Noel Iniguez testified about his DUI investigation and contact with Acosta after the crash. Somera repeatedly questioned him about Acosta’s physical and mental condition, including confusion, memory issues and whether investigators adequately documented events leading up to the collision.
Prosecutors argue Acosta showed “conscious disregard”
Jurors are not present during a preliminary hearing. Israels will ultimately decide whether prosecutors have presented enough evidence for Acosta to stand trial.
Court filings submitted Monday by the Stanislaus County District Attorney’s Office argue Acosta demonstrated “conscious disregard for life” both before and after the crash.
“The defendant created the peril by driving intoxicated with her child, then abdicated her unique parental duty by refusing to rescue when capable,” prosecutors wrote in one filing.
In separate filings, prosecutors argued Acosta was not subjected to custodial interrogation before her arrest and that questioning by CHP officers at the scene did not violate Miranda protections.
Witnesses who testified Tuesday included CHP Investigator Eric Moore, Stanislaus County Coroner Dr. Sung Baik, CHP Officers Noel Iniguez, Matthew Haines and Dylan Garcia, and Stanislaus County District Attorney’s Office Investigator Alexander Bettis.
Stanislaus County sheriff’s Deputies Jillian Costa and Ryan Lehikainen, along with Sgt. Leland Lawson, testified Monday. Lawson returned to the stand Tuesday before additional witnesses were called.
Deputy District Attorney Vita Palazuelos declined to comment Tuesday evening while the preliminary hearing remains ongoing.
The hearing will resume Wednesday morning in Department 1 of Stanislaus County Superior Court.
