“Pedraza’s Life Sentence”, Interview with a Jury Member
June 5th, 2013 by Joe Burgess
Tuesday at 11:30 am, the fate of Daniel Pedraza was turned over to 12 jurors, who had heard more about child abuse and suffering, than any of them had ever imagined was possible. Saturday, Pedraza had accepted a guilty plea, which took his possible death sentence out of their hands, but admitting that the 2 year old’s step-father had “knowingly caused the death” of Aubriana Coke. left as little as 10 of prison time, ranging to as much as the rest of his life in jail as options.
MLive spoke to an anonymous juror, after the sentence was read, who mentioned these thought’s about the jury’s deliberation….
A few of the jurors wanted to focus on the child’s mother, Victoria Pedraza, but the jury agreed that they were chosen to decide Daniel’s future, not Victoria’s. (Victoria has agree to a plea of guilty for permitting abuse of a child. She will be sentenced to a term of 5-20 for her role in the death of her daughter.)
The testimony about Daniel’s childhood and military service were only to “blow smoke” at the jury.
Even though there may have been multiple events of abuse or injury to Aubriana, the ONE BLOW that caused her death was admittedly delivered by Dainel.
“The life sentence was the jury’s way of making sure that Daniel Pedraza doesn’t have the chance to get out of prison at age 50, and do this to another innocent child.
Pedraza has one month to file an appeal. “Hopefully, even if there is an eappeal, our sentence will remain in place, for the sake of his next possible victim.”
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Jury Sentences Pedraza to Life Sentence for Child’s Death – 1:30 Update
June 4, 2013
According to Prosecuting Attorney Thomas Deen, Daniel Pedraza has entered a plea of guilty to first degree murder, Saturday,for the death of his two year-old stepdaughter, Aubriana Coke.
First degree murder is a Class Y felony punishable by imprisonment for not less than ten years nor more than forty years, or for life.
Tuesday, 9:30 am
Judge Gibson met at 8:30 with attorneys for both sides, telling the defense that Pedraza will be asked on the record, if he wants to testify on his own behalf.
At 9:30, the jury was called into the courtroom.
A juror, who had been discussed yesterday for “nodding off” during court, was dismissed from the jury, when he didn’t show up for court, today, This juror reportedly told a court officer he worked nights, which may affect his jury performance.
An alternate was assigned to serve, and testimony began around 9:15.
A Crossett police jailer, and fellow National Guard soldier testified, highly complimentary of Pedraza. In cross-examination, Prosecutor Thomas Deen asked the witness if Pedraza had the opportunity to kill any small children, while in the Crossett jail. He responded , “no.” The defense asked no other questions, at that point.
Around 9:15, Pedraza’s childhood Priest was called to testify, followed by another fellow National Guard serviceman who had serve with Pedraza about the gunfire that had been directed at them, while serving. Deen asked the witness if he know of any other servicemen that had killed their children, after returning from the war.
Tuesday 10:30 am
Pedraza’s sister testified next about growing up in Mexico with no running water, indoor toilets, or showers.
She told the court about when Daniel and his sister were kidnapped by a lady who took them to the police station.
She also told how tomatoes can be used for medical treatment, and how eggs can be rubbed on sick individuals, to relieve internal illness and injuries.
At 9:45, she told how Daniel had told her, while watching a “shoot-em-up” movie, how he was so scared, when he was I the battle zone.
At 9:50, Pedraza’s other sister took the witness seat. She told that she also uses eggs to treat her child’s illnesses. She then described several of Pedraza’s art pieces.
Around 10 am, Judge Gibson called Pedraza to the bench to ask if he chose to testify. He declined to.
Prosecution, however, can’t use that decision against him in closing arguments
Tuesday 11:30
Prosecution’s closing included, “Saturday, he admitted to, ‘Knowingly caused the death’ of the baby.”
“How can you mitigate ( justify) what caused this?”
“One blow burst her duodenum, as acid and bile poured into her abdomen.”
“Then Daniel told Victoria, “if this little *^\}#+ dies, I might as well kill you too.”
Defense’s closing told how Victoria took a plea bargain to get a lesser sentence, and how she could’ve gotten help through friends and National Guard associates.
The attorney continued, explaining that Daniel had two DWIs since getting back from Iraq.
He then recalled his sister’s testimony about his attempted suicide.
Deen final presentation began at 11:25, with “Everything she ever could’ve been….. Erased,” as he asked for a life sentence for Pedraza, instead of a 10-40 year sentence, which could be reduced by up to 30%..
The case went into jury deliberations at 11:30.
Monday 9 am
Circuit Court began session Monday morning at 8:30, with Circuit Judge Bynum Gibson, prosecuting attorney Thomas Deen , and defense attorney Jeff Rosenzweig discussing proposed jury instructions before the jury entered the courtroom at 9 AM.
When the jury was brought into court, the charges and sentencing options were presented.
“After a short break, around 10:45, the defense attorneys cross-examined Victoria Pedraza, focusing on her plea bargain to “permitting abuse of a child” around 11 am.
The child’s grandmother took the stand after break, telling about Daniel’s discipline
Noteworthy testimony from Moss’ testimony included the child’s blood (on a tissue), as well as egg shells and a crushed tomato (used for healing purposes) being located in the kitchen trash can. He also told about the bathroom trash can having a tissue with bile in it.
Child had had multiple blows to abdomen over time that made small tears and ruptures with severe scarring to the intestine, ftom the intestine being compressed against the spine. The spine actually cut it.
There was bruising on her chest and face, but not occurring at the same time.The medical examiner re-emphasized to the judge that this child sustained an excessive amount of abuse to her head, and these injuries were older, but they were all at different stages of healing. “In other words, it was long-term, on-going trauma.”Defense then presented witnesses about Daniel’s military service, childhood, and a video deposition about a positive positive impression on a Crossett jailer that he drew a picture for, among others.
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Friday Late Update
Pedraza Capital Murder Opening Arguments Postponed til Monday – May 30, 20-13
Daniel Pedraza, charged with the Capital Murder of his 18 month old step-daughter, Aubriana Coke, began the jury selection portion of his trial, this morning. Paedraza could receive a possible sentence of death in the case.
Friday Update
The Drew County Circuit Court was called into session at 9 pm, Friday morning.
At 9:15, Judge Bynum Gibson told the jury that both parties agreed that the trial should begin Monday morning, since both sides of the case were still working on aspects of there respectives cases.
The jury was dismissed, and will return to court Monday morning.
Thursday Morning Update
93 jurors were summoned to attend this morning. 7 were excused because of medical or family reasons. Two jurors will be interviewed at a time in Judges’s chambers, for the jury selection process.
25 jurors will meet with court officers this morning, with 25 more juror candidates scheduled for 1 pm.
The rest will return at 3:30.
Rosenzweig moved to quash the jury, based on not enough citizens to reflect an appropriate cross section of the county population. The motion was denied, and the first pair potential juror was called.
Thursday 3 pm update
At 11:15, closed jury selection was moved to the main courtroom, with 6 potential jurors taking part. Witness in the case were named, then attorneys introduced, to ask about any relationships between witnesses jurors.
Topics covered in this session included:
The aspects of this being a potential “death penalty” case.
Judge Gibson asked the group, ” Do any of you have a view of the death penalty that you couldn’t set aside?” One answered, “I do.”
Another candidate then approached the bench to speak to the judge, about her views.
At 11:35, Both ladies were excused from service.
Prosecuting Attorney Thomas Deen ask them which phrase they felt best summed up their feelings, “I believe the death penalty is appropriate in some capital cases,” or “I don’t believe in the death penalty,, but since it the law, could impose the death penalty”. Deen received mixed replies.
Deen then pointed out that the judge had said, “knowingly caused the death” of the child, did not say “premeditated or intentionally”.
Victoria Pedraza’s charges, testimony, and plea bargain were then discussed.
The likely use of “disturbing” photographs was also mentioned.
At 12:30, the 1st of 15 jurors was selected (12 seated jurors, plus 3 alternates).
Thursday Afternoon Summary
After lunch, the attorneys met with the judge at 1 pm, to work out details dealing with the next set of jury questions.
6 more candidates entered, all of them were excused.
One noteworthy response was, “There won’t take a lot of evidence for me to make a decision, because it was a little kid; but there will have to be evidence.”
At 2 pm, group 3 entered with 6 potential jurors.
Each round of questioning led to Judge Bynum Gibson asking more questions, and the attorneys asking fewer questions of the prospective jurors.
Defense lawyer Jeff Rosenzweig moved to exclude entire group (individually and collectively), since he felt they weren’t allowed to ask enough questions.
3 of these were accepted as jurors, for a total of 4.
At 2:25, 5 more candidates entered.
Rosenzweig again complained about the limit of questions he could ask. Judge Gibson responded that it was this was due to the defenses repeating themselves, straying from the specific topics, and filibustering.
One was dismissed because of their concern with the victim being so young.
2 jurors were added from this group, for a total of 6.
As Rosenzweig continued to interact with Judge Gibson, he wanted it noted in the record that Judge Gibson had made him appear in a negative light, when he was told to sit down, during the latest session, explaining, “I stood up to hear their answer.”
As 3 pm arrived, 8 candidates entered.
2 were accepted for a current total of 8.
The 3:50 session offered 8 to be interviewed.
2 became jurors, for an updated of 10.
The 4:30 group brought in 8 potential jurors.
2 of them were needed to complete the jury, and those were selected at 5pm.
Rosenszweig again complained for not being able to adequately question the panels,
The defense used up all of their pre-emptory strikes, and wanted that placed on the court record, as well.
The court decided to use 2 alternate jurors, who were selected by 6 pm.
One noteworthy phrase from the alternates’s session was the legal directive, “A juror will be excluded “If he/she would automatically vote against the death penalty.”
Opening arguments are set to begin Friday morning at 9 am.
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Pedraza Found Mentally Fit to Stand Trial for Capital Murder of Toddler
May 22, 2012
A mental competency hearing was held Tuesday, in the capital murder case of Daniel Pedraza, the step-father of Aubriana Coke, the murdered 18 month old child, who died in February, 2012.
For a complete history of the Pedraza case, click here.
Daniel Pedraza’s defense lawyer, Jeff Rosenzweig started Tuesday’s hearing by stating that he’d been notified by fax from the court that continuance he’d requested to allow an additional psychiatrist (Dr. Stewart) deposition to take place. Dr. Stewart in a May 3 letter stated that he feels Pedraza is unfit to stand trial. Also denied was a motion to allow Stewart to be deposed over the telephone.
Prosecuting Attorney Thomas Deen commented that Stewart had formed his opinion prior to the state hospital’s report, so there was need need to wait for that record for him to be deposed.
Dr. Antolin Rente, associate professor at University of Maryland and Johns Hopkins and a neuro-psychiatrist, testified as an expert witness, that (as a youth) Pedraza broke into his high school, with his sister, to look at pornography; that there is a history of child abuse in his family, and that there is a history of family alcohol abuse.
Rente also explained that Pedraza served in a war zone, where the Hummer in front of him was struck by enemy fire (as it pertains to post traumatic stress syndrome.)
Next Rente spoke about interview notes from Pedraza’s mother, including Pedraza’s possible malnutrition (as a child) and poverty levels.
Rente continued, “he doesn’t even want to talk to his attorneys,” then explained that Pedraza said they are not helping him, based on Dr. Stewart’s letter.
The expert then described a list of around two dozen psychological and neurological tests that Pedraza has undergone. These test results show normal intellect and no evidence of retardation. “At some rudimentary level he does understand” these proceedings, “but as of May 13, he even told his (defense) counsel that he’s not talking to them anymore.”
Judge Bynum Gibson asked Rente if the defendant had stated why he felt that way. “Clinical interview, behavioral observations” showed Pedtaza stated “he could not trust no one” and “did not have any ‘real’ defense attorneys”.
DSM-4, which is the court’s standard measuring tool for PTSD and similar issues, considers witnessing an event as a “stressor”, not just being the victim (as it relates to the accused’s family history of child abuse).
“Competency can fluctuate, based on the level of anxiety and depression, ” was one of Rente’s final comments.
Prosecutor Thomas Deen, on cross-examination, asked Rente if Pedraza had been involved, or even present to his sister’s reported abuse, in 1996, when DHS became involved in the family’s case. Rente wasn’t able to provide an answer, but an “educated inference” (per Tente) or an “educated guess” (per Deen).
Judge Gibson, when handed DHS documents, asked about “removal” of a child, and asked for documentation of that incident.
Deen asked Rente about his report of Pedraza’s “9 month long experience of insurgent’s daily firing on his military unit, causing them to constantly run for foxholes.” He then asked why that was not included in other psychiatric reports.
The practice of Santeria was mentioned, and the use of an onion, tomato, and an egg to try and heal Aubriana, according to testimony reports.
Deen then asked Rente if he had used any tests specifically designed to determine Pedraza ability to stand trial. Rente said, “no,” because he felt non of them were reliable. He did offer that he chose to use other tests to determine his unfitness to stand trial.
When asked what Pedraza had done to show that he was unfit, Rente responded that Pedraza wasn’t talking to his attorneys and distrusted them. Deen pointed out that many defendants weren’t confident with their lawyers, and didn’t co-operate with them.
Defense attorney Jeff Rosenzweig clarified that Pedraza’s unit was shelled for the first two weeks he was in Iraq, not the full year. He also suggested that the May 13 reference should’ve been May 3.
Another clarification made was the DHS removal of child from the Pedraza family was not a case of abuse or maltreatment, but rather a case of the family turning over custody of their older teenage daughter to the state.
The afternoon session of the competency hearing first focused on testimony of Arkansas State Hospital doctor Jaoa Ramos representing the state’s position that Pedraza is capable of assisting with his defense. Rosenzweig questioned Ramos, who pointed out Pedraza’s ability to communicate during their consultation, as well as there being no present symptoms of PTSD.
Pedraza told Ramos that his defense team had told him, “We need to find a reason you did it.” Mistrusting one’s attorney doesn’t imply any evidence of incompetence.
Testimony concluded at 1:45.
A few minutes later, Judge Gibson that read the definitions involved in the findings of PTSD, then denied
the motion to postpone the Capitol Murder Trial, which us set to begin jury selection next Thursday, then testimony on Monday.
Rosenzweig requested that Judge Gibson write a letter requesting Homeland Security allow some of Pedraza’s Mexican relatives into the US to testify about the family’s level of poverty and family history traits. The court declined. Judge Gibson told Rosenzweig that he would welcome their testimony in the trial, but did not feel it was appropriate for him to contact Homeland Security, since there are other measures in place for cases of this nature.
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We sometimes forget that some people are raised in abject poverty without benefit of what we consider normal education concerning healthcare & hygiene. However this case doesn’t seem to hinge on that. It is more about the ongoing cruelty & abuse perpetrated by Pedraza. Apparently he had been subjected to this type of abuse, so he knew it was wrong & painful to the recipient. Therefore he knew what he was inflicting on this child could not be cured with an egg, onion or tomato. It seems that the child was simply an object on which he vented his anger & frustrations without regard to her health or well-being, much like a punching bag. Unless he is removed from society you may rest assured there will be another punching bag in his future.
According to the law you can not try a husband and wife at the same time. She is being charged with permitting abuse to a minor which is also a felony and carries a prison sentence also with range of 5-20 years.
because this article dint tell of the mothers abuse as well and the fact that if they wudnt have went to jail she would be dead also according to daniels own words and she is still pending her charges as well permitting child abuse and unless uve ever been in an abusive cituation then dont judge others that are i can not go into detail about this case because i dont want to mess anything up for the family but please know all the facts before u judge anyone and the bible says judge not less ye be judged also facts are facts and opinion is just that opinion thank and may god bless !
Whether she was abused or not, SHE CHOSE to stay and ALLOW herself and her daughter to be abused. Period. This story is sickening. He should have gotten the death penalty, and she should go to prison for allowing her daughter to be slowly killed.
I do agree with Stephanie, but both need to die, just like the little girl!!
The mama deserves life too. If she had been so abused then why didn’t she go to the ER or doctor? why didn’t she tell a family member or go to her CO in the National Guard? Where is the rest of the life insurance money. If she had lovef her child she would have gotton help. she is just as guilty and her family members must be in denial. any dime spent from het death has her blood on it. i hope Victoria Pedraza gets the whole 20 yeats and she meets Big Alice in the pen too. shes just as low down as he is even worse. she is scum in my eyes.
God bless this poor child, it is hard to imagine what all she went through in her short life. Now, she has no more pain and is safe in Heaven. To those that knew of this abuse and did nothing , and continue to let it occur you are as guilty as the person that DID this. May GOD have mercy on your SOUL
Vicky is as guilty as he is ……..Justice…. Lets pray she gets what she desevre as well That precious Little girl didnt desevre to die just saying I read Vicky had brusiese as well ol well she desevres all she gets …
The Mother which is a family member of mine I am ashmed of her she was allowing these things to occur hell Daniel was gone on the weekends she didnt want help she wanted to keep allowing these things to occur please let justice come to her as well I hpoe she suffers just like the baby did porr baby makes me ill and I hug her at funernal just cuz we didnt know at the time poor basby god bless her soul and I thank god she not suffering anymore I read the newspaper and hear the updates and its sickening How can u be parents and aloow such situations to occur
I love mine and will take any beating for mine
first off none of you are to judge…..and let me guess you all call yourself Christians ?????i take it you have missed those sunday school lessons…. second of all i dont recall seeing any of you at this trial…..ok so you only read about it therefore you know that only certain things could of been written in the newsapers….. i wish they could of printed the graphic pictures of Vicki along with her entire testimony….as far as knowing what she really went through…. no one will ever know the fear both vicki and Bri where living in… we still dont know…or even knew what vicki went through….. we only found out at the hearing….. during testimony her family was revealed pictures and evidence of her own abuse….and it shocked not only her family but the jury too…could she have stopped it well sure she could….anyone could stop alot of things going on around us each day….but we live in a world of fear….and until you honestly have followed this entire case and have known vicki her entire life……than you should let GOD do his work and not you!!!!! you can put your 2 cents in but it doesnt matter what or who your trying to judge its not your place !!!!! have a wonderful day
I feel Vickie should get the same as Daniel!!! She knew this was happening ti her baby and she did nothing to stop it! She could have got help and should have the first time that baby was hurt!!! She may have been abused to but oh well she stayed around for it so that’s her fault but that poor baby didn’t deserve.that! She can’t say she was afraid and didn’t know how to get help because when that baby wad being hit over and over in her belly until she threw up Vickie left and went to walmart??!! Guilty!!! Deserves life in prison and everyday e should be tourtured . I know only god can judge a person I’m just saying what I think and feel about the situation. If u can go out shopping while ur baby is being beat to death u could get help! She chose not to!! No mother does that!