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Head of the Class

Death Penalty Possible in Capital Murder Case of Infant, Court Date Set, Mom Likely to Testify against Step-Dad

July 11th, 2012 by

The capital murder case of Aubriana Coke went before the Drew County Circuit Court, Tuesday afternoon, with details leading up to the October jury trial becoming more complete.

Prosecutor Thomas Deen confirmed to MLive that the prosecution, “intends to seek the death penalty for Daniel Pedraza,” the deceased infant’s step-father, in the case.

The first part of Tuesday’s hearing dealt with the request to replace an attorney on Daniel Pedaza’s defense team, but the new lawyer declined to answer Judge Bynum Gibson’s question of whether he could guarantee that his involvement in the case would not affect the October court date.  Instead, head defense counsel Rosenswag, kept trying to answer, to the annoyance of the court.  No final decision was reached on the issue.

As for discovery, the prosecution needs the defense’s list of witnesses, which reportedly isn’t complete yet, and the infant’s prior medical history   Both the prosecution and defense need the “lab’s bench notes” from the state crime lab and DNA results.

Discussion continued about a possible plea bargain, reducing the charges against Victoria Pedraza to “Permitting Abuse,” (a class B felony) with her being required to “testify honestly” against Daniel Pedraza.  A jury would set the sentence, if a plea bargain is reached.

Judge Gibson would not accept the plea bargain, unless, it can legal be reversed, if Ms. Pedraza’s testimony “changes in any material way,” such as claiming responsibility for the child’s death.

Rosenswag also made motions for a sequestered voirdire (jury selection questions) and severance (separating the two cases).  Judge Gibson will rule on those motions, later.

The jury trial for one or both Pedrazas will be held the week of October 22.

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15 Responses to “Death Penalty Possible in Capital Murder Case of Infant, Court Date Set, Mom Likely to Testify against Step-Dad”

  1. just sayin says:

    They should both have the same trial. The same sentence, she is no different than he is for what the baby had to endure.

  2. me says:

    u r right on just saying, she knew all the time it was going on, she did not care!!! she could have took the baby away, she would of been alive today and playing with her dog.

  3. JUS SAYN says:

    town square hanging!! that will make other people think twice before doing something like this. SICKO’S!!!

  4. just me says:

    I totally agree with Just saying…….if she knew it was going on then she should be held responsible. There is no way I as a loving caring parent stand back and watch ANYONE mistreat my child. The should both get the death penality if you ask me.

  5. Agree says:

    I agree with just saying that is crazy she is no different than he is.

  6. don geise says:

    she should be charged the same as him. just because she’s a female should have no special rights. hang the both of them at the square sounds like a great idea.

  7. Me says:

    I would never let anyone hurt my child that way without doing something to them. If she really cared about her child she would of gotten out of the situation she was in. It seems that she only cares about herself and once you have a child they are supposed to come first.

  8. LOCAL says:

    I agree. This is insane!
    You hear all these stories of parents abusing/killing their children. It is so hard not to cry! I look at my children and wonder how the hell someone can hurt a child!
    Eye for an eye.

  9. Another One Says says:

    All you people flapping your jaws, and you know not the entire story, and I wish I could say more, but the trial will tell what you all have no idea of what all happened. One of these days one of you making all these judgmental opinions, may very well have to walk in this family’s shoes. Walk the first mile and then see how you feel. You dont have a clue to the whole story. The mother was also abused. Enough said.

  10. Concerned citizen says:

    These people took advantage of a precious little, innocent little girl. I see a death sentence or life sentence in order. If they didn’t want her they should have given her up for adoption…some people want babies that can’t have any then to go and do something like that……SICK!

  11. Monticello Nobody says:

    I understand that it is not right to judge others, that is not our job. I also understand that we do not have all the details of the story, but as the saying goes, there’s two sides to every story, and then there’s the truth. As for the “mother” of that poor baby– going back to not judging– we do have a responsibility to protect our children, they are unable to protect themselves. It doesn’t matter if she was being abused, she should not have remained or allowed her child to remain in that situation. I have been in an abusive relationship, and even though my child was not physically abused, it was still mental abuse, and emotional abuse for them to witness it happen, and guess what, I was just as guilty as my abuser. I decided to leave that situation, no matter if it killed me, to protect my child and not have him/her grow up believing that a relationship like that was healthy, that it was okay to be treated that way, or that it was okay to treat anyone else in that manner. So yes, she is just as guilty as he is of everything that happened to that baby, she allowed it to go on. If she truly wanted to stop it, either it would have stopped, or he’d be standing trial for two murders.

  12. tax payer says:

    ANOTHER ONE!!!! What possible circumstances would justify the murder of a child? Speaking of JAWS FLAPPING?

  13. RE: Another one says says:

    Did you ever think some of the ones “flapping their jaws” DO know the entire story? Do you remember these horrifying statements each one made (Flap on back to look at first investigators report on Monticello live that was done on February 27th)
    “BOTH parents claim that the child fell from a dock and landed on some large rocks the previous day”? The mother lied just as the stepfather lied.
    “BOTH parents are in the National Guard and they told me about how they discipline their child…” They claimed that she is rambunctious “What kind of mother would say anything negative about her 2 yr old daughter that just passed away? BOTH mother and stepfather admitted they make her stand at attention when she speaks to them. They also make her do push-ups and squat with her back against a wall as Punishment” This is a helpless precious 2-year-old child!
    BOTH “Daniel & Victoria told officers that they tried to heal the child naturally. They recited prayers, sprinkled her with holy water, and used an egg and a purple onion to try and heal her.” They decided to play Dr. stupidity at this little girl’s expense.
    The medical examiner said “the small bowel was ripped apart and, been very painful for the child. He said that after sustaining the injury, the child would have been seriously ill and it would have been noticeable. Taking into account all the bruises and injuries, he characterized the child as being chronically abused.” The mother lived in the same home as the stepfather, BOTH of them went to sleep knowing this 2 year old was vomiting and in severe pain.
    Your comment “The mother was also abused” She had the choice to get away from abuse, this baby didn’t!
    NOW please explain to everyone why SHE is not just as responsible as HE is!!!!
    I do however agree with one comment you made and that is “enough said”

  14. RE:RE: Another one says says:

    Very well explained and backed up with what each of them told the person that was interviewing them. I agree it shouldnt just be only him guess the first (another one says) had a change of flapping jaws when the information was brought back up about what the mother and stepdad said happened.

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