http://abclocal.go.com/kfsn/story?section=news/local&id=8195904&hpt=ju_bn6The man accused in the rape and murder of a three-year-old Exeter girl was involved in a fight before his court date.
20-year-old Chris Cheary is facing charges of murder, sexual assault, and torture for the death of his girlfriend's daughter, Sophia Acosta, last month.
The Tulare County Sheriff's office says Cheary and three other inmates got into some sort of physical altercation Thursday morning.
They were being transported from the Visalia main jail to the courthouse at the time. Two deputies were injured in the scuffle, but not seriously. The inmates declined medical attention.
Thursday's court date was postponed after the disturbance. Cheary faces a possible death sentence if convicted. He's pleaded "not guilty".
Yeah thats what they are saying, they are going to have to make someone defend him! The poor person who gets made to defend him will be living a nightmare!I'm actually surprised that doesn't happen more often. Then again, maybe it does and the court has to mandate someone to defend these pubic-crawling insects.
http://www.thesungazette.com/articles/2012/04/18/news/news01.txtOnly one witness was called to the stand during the April 5 preliminary hearing of Christopher Rey Cheary, the man accused of raping and killing his live-in girlfriendâ€™s 3-year-old daughter. The witness, Dr. Phillip Hyden of Childrenâ€™s Hospital Central California, shared the police departmentâ€™s sentiment during redirect with Deputy District Attorney David Alavezos.
. . .
Hyden said he spoke to Sophiaâ€™s mother, Erica Smith, who told him that Sophia had fallen down a stairway â€œtwo days agoâ€ and fell onto a plastic toy shopping cart â€œtoday,â€ referring to the day she was taken to the hospital. Hyden said Sophia was supposedly injured around 4 p.m. on May 7 and he examined her between midnight and 2 a.m. on May 8.
Hyden said after her arrival at Childrenâ€™s Hospital, Sophia was completely unresponsive and â€œbeing kept alive by the ventilatorâ€ when he examined her. She was bleeding from her mouth and private regions from â€œnot an accidental trauma.â€
â€œThat means that these injuries werenâ€™t self-inflicted by the child or caused by any type of normal childhood accident,â€ Hyden explained.
In addition to the bleeding, Hyden said Sophiaâ€™s brain showed a lack of oxygen and blood flow consistent with â€œshaking plus impactâ€ and had bruises on her scalp and underneath her scalp and abdomen. Hyden said a urine test showed signs of marijuana in her system.
Hyden said, â€œI believe this child was sexually assaulted. I believe this child was struck in the abdomen. I canâ€™t tell you if it was one or two times because the injuries are in different places but it probably was two times. And also was subjected to severe accelerated forces and an impact and maybe multiple impacts because of the different planes of injury on the head from someone exerted a tremendous violent force on this child and in a repetitive manner ultimately causing her death.â€
During cross examination, Deputy Public Defender Bill Meuting pointed out there were no signs of DNA enzymes found during the rape kit conducted by Dr. Hyden. However, Hyden said that would not rule out sexual abuse for various reasons. Meuting also asked Hyden if the bruising on her abdomen could have been caused by an untrained person attempting CPR.
â€œThis is a blunt impact,â€ Hyden said. â€œItâ€™s not due to compression.â€
During Alavezosâ€™ recross examination, he asked Hyden if there was anything to indicate a history of violence. Hyden said during his conversation with Sophiaâ€™s mother at Childrenâ€™s Hospital, Smith admitted there was a history of domestic violence but said Cheary had never harmed Sophia. However, we asked about their sexual relationship, Hyden said Smith revealed that she thought Cheary â€œcould have done this to the child.â€
â€œShe also said that if he did do this, she never wanted him to be around the kid again and never wanted to see him again,â€ Hyden continued.
. . .
http://abc30.com/news/jurors-now-deliberating-penalty-in-christopher-cheary-murder-trial-/1631336/Jurors in the South Valley are now deliberating the fate of a man they already convicted of murdering and raping a toddler five years ago.
Defense attorney Tim Rote told jurors on Tuesday that the only real question they now face is if it's necessary to kill his client, Christopher Cheary. He said death is never a mandatory punishment. He also told jurors they must make an independent and moral decision about how Cheary will eventually die.
"He's a lost and flawed person but he's not beyond redemption and I think that's the message that we're trying to portray," Rote said.
It's been two weeks since the same jurors found Cheary guilty of murdering, raping, and torturing three-year-old Sophia Acosta, his girlfriend's daughter. Since then, both sides have laid out their arguments as part of the penalty phase of the trial.
Cheary, 25, faces life in prison without the possibility of parole, or the death penalty. Rote said deciding on a death sentence should be hard, and encouraged jurors to choose life instead.
He said life in prison will be a severe punishment for Cheary, who will have to think about what he did for the rest of his life.
"He won't walk on the beach again, he won't order from a restaurant, he won't get to choose what meal he gets," Rote said.
Rote reviewed the harsher circumstances of Cheary's life, including his parent's divorce, an unstable upbringing, and eventually, his drug use, including heroin-which he said changed the trajectory of Cheary's life.
"And that's not an excuse, it's not a justification for what happened," Rote said. "But you wanted to know about his life to make the right choice because you're punishing the person and it's not necessary to kill him."
He raped, tortured and murdered a 3 year old. If that isn't beyond redemption, then what is? And you know what?"He's a lost and flawed person but he's not beyond redemption and I think that's the message that we're trying to portray," Rote said.
Seriously? Do you know all the things his victim won't get? She won't get to go to kindergarten, have a first kiss, a first damned near anything. He won't get walks on the beach? Are you fucking shitting me?"He won't walk on the beach again, he won't order from a restaurant, he won't get to choose what meal he gets," Rote said.
Emotions are overwhelming on Wednesday for a Valley woman whose 3-year-old great-granddaughter was murdered.
Ruth Williams says Governor Gavin Newsom's executive order to stop death row executions is adding insult to injury to her family - in the worst way.
Governor Newsom cannot repeal the law but said on Wednesday he will grant reprieves to anyone who is sentenced to death while he's in office.
The executive order only suspends executions in the state while he's in office.
Newsom argues capital punishment costs too much and is unequally and unfairly used on the mentally disabled and people of color.
In January 2017, Exeter resident Christopher Cheary was sentenced to death for the murder of 3-year-old Sophia Acosta.
Her great-grandmother Ruth Williams is now speaking out about the governor's decision.
"I remember her sleeping in my bed and holding my hand. She would say, 'Nana, I love you.' Nobody can bring that back but she has the right to have justice."
Williams believes Christopher Cheary does not have the right to live after a jury convicted him of murdering, raping and torturing little Sophia in May of 2011.
"That was the closure we had. To see him die was my closure and I would've walked to San Quentin... I don't care - I would've walked there to watch it," she says.
Upon hearing Wednesday's news, Tulare County's District Attorney Tim Ward released a statement that read in part: "It is abundantly clear that victims and the will of California voters are not a priority for Governor Newsom."
I am for the flawed lethal injection system and the torturous internal death in agony while we cat call his sorry ass or rape him with instrumentsI’m okay with the baby rapist rotting away in prison the rest of his life. Seems like death would be more quick and merciful than he deserves.