Baby Winter's mom to stand trial for murder in San Jose

San Jose, California (Crohn) – A mother in San Jose will face the killing of her child before an overdose of fentanels with murder after the judge found that the mother is qualified for trial.

The child’s winter was only 19 months old when she died of fentanel’s poisoning at home on August 12, 2023. Several hours passed in front of the child’s mother, Kelly Richardson, and Father Derek Rayo, and called 911, the prosecutors said. “We don’t know what happened to our daughter,” the court’s records told The Dispatcher.

The office of the Santa Clara province’s lawyer has provided murder against the mother and father and the alleged drug dealer, Philip Ortega, who was living in their home in the Huddersfield 1550 court.

Derek Rayo and Kelly Richardson were seen in Mughasovs, which is provided by the San Jose Police Department.

Last year, criminal procedures were suspended against Richardson after the defense lawyer announced doubt about its efficiency, the mother judge ordered the psychological evaluation, and she was released from prison.

In recent months, a 30 -year -old mother has been mentally decent to trial. She was re -imprisoned for criminal procedures and reserved in prison without sponsorship. Richardson is currently in reservation, the records of prisoners appear.

Kelly Richardson
Kelly Richardson listens to court on November 27, 2023. (Kron4 photo)

Richardson is scheduled to appear to the next court on July 28.

Ortega is called “the child’s murderer”

One of the most shocking discoveries that his killing investigators on Ortega. According to the public prosecutors, Ortega furnished fentanel who killed both the winter of the child and the second child, Phoenix Castro, 3 months old within months of each other.

Baby Winter was born on the eve of Christmas 2021. Ortega lived with winter and her parents for five months before the sudden death of the child. During that time, Ortega has regularly supplied parents with fentanel and trilogy drug use together inside the house with the near winter, according to public prosecutors.

The court documents states that “parents smoke regularly fentanel and other drugs during the winter. All of this was despite the parents’ knowledge of the extreme risk of these drugs, and he emphasized in their police interviews and data from (mobile phones).” Prosecutors wrote that Rayo’s father worked as a drug and alcohol consultant, and Rayo was dying of “many friends” due to excessive doses of fentanel.

Ortega has been described in court documents as “a well -known drug dealer in Santa Clara Province.”

“Before living with Mr. Rayo and Mrs. Richardson, Mr. Ortega lived with Fintanel and dealt with him to Mr. David Castro. Venix de died because of the toxicity of the fentanel in May 2023.

Baby Phoenix died at home the day before Mother’s Day with fentian -cut powder on Nessia Pink. Castro’s lawyer is currently fighting to transfer his case outside the criminal court to the Mental Health Court. If the judge directs the defense, Castro will be sent to a mental health treatment center instead of imprisonment.

Investigators found messages sent to Ortega through social media accounts and phone. In one of the messages, a woman described him to buy fentanel regularly from Ortega as a “child of a child”, according to court documents. The woman later told the investigators that she warned Ortega not to use drugs around the child’s winter while she was at the child’s home.

“Mr. Ortega was blowing smoke throughout the child. (Women) were mad and told Mr. Ortega that she did not do this about children. Mr. Ortega told her that she was not a big problem, saying:“ I always do it. It’s okay, nothing will happen to her. ”

The child’s winter died during the next 48 hours, as the prosecutors wrote. When police officers and paramedics arrived at home, Winter’s parents admitted that they had realized that the child had died for hours before they called 911 on August 12, 2023.

The winter parents initially claimed that they did not know what happened to their child. Later, they said Rayo had accidentally slept at the top of the winter.

Santa Clara province’s judge, who conducted an autopsy, concluded that the winter had blood concentrations in the blood from fentanel and metha. Only 3 ng/mm can be fatal in adults. Winter blood was 74 ng/ml. “No evidence of suffocation was observed,” court documents.

Prosecutors said that the investigators found “an endless series of text messages, social media, photos and videos,” Rayo and Richardson were using drugs around their child.

Rayo, Richardson and Ortega are scheduled to appear before the court later this month to set an appointment to try the jury. The trio admitted that he was not guilty of killing, endangering children, and drugs.

They want the father’s lawyer to be killed

Defense lawyer in Rayo made a new request asking the judge to refuse to kill before he started his trial. Lawyers argue that the evidence provided so far by the public prosecutors is not sufficient.

The defense team wrote: “Perhaps Derek Rayo was not an ideal father, but he did not kill his beautiful daughter. The prosecution has completely failed to provide evidence that Mr. Rayo … behaved with a malicious heart that would lead to responsibility for the implicit slag.”

A August hearing will be held for the defense attorneys in Rayo to present her argument in court.

Defense lawyers claim that parents did not immediately call 911 “because they felt that there was nothing they could do for the winter because it has already passed.” Rayo and Richardson knew that participating in sleep with a young child could be dangerous, and they believed that this was what caused the death of winter, according to the defense.

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