[Deathpenalty] death penalty news----CALIF.

[Rick Halperin]

June 23



CALIFORNIA:

Public defender demands DA's recusal


The man accused of killing an Exeter toddler has been behind bars for the last 
5 years. In August, a jury will decide if that's where Christopher Cheary will 
stay.

A jury trial has been set for Aug. 22 in Department 5 of Tulare County Superior 
Court.

Cheary is charged with the gruesome death of a 3-year-old child, Sophia Acosta. 
There are also special allegations that he committed forcible lewd acts on the 
child, which contributed to her death.

Prosecutors are seeking the death penalty.

Cheary was in court on Tuesday where his public defender argued against a 
motion, filed by prosecutors, to reveal the names of additional subpoenaed 
witnesses.

"At this point we have disclosed all the witnesses we intend to call." 
Supervising Attorney Angela Krueger said. "We don't think we need to call those 
witnesses."

The defense will release witness names in a timely manner if they are 
subpoenaed, she said.

"This completely undermines the whole concept of a fair trial for the people," 
Assistant District Attorney David Alavezos said. "If they intend to call a 
witness they have to disclose that witness."

Judge Joseph A. Kalashian denied the motion by the district attorney.

"I'm relying on your representation of good faith," Kalashian told the defense.

At a hearing today, the defense will argue that due to the district attorney's 
office involvement at a bench dedication made in Sophia's honor, the DA's 
office should recuse itself from the case. Additionally, they are requesting 
the judge toss the possible death penalty sentence, if convicted, and change 
the venue of the trial to a different county.

"The District Attorney's continued participation in this trial is compromised 
by its participation in the Farmersville rally," court documents stated.

In April, the Tulare County Child Abuse Prevention Council held a bench 
dedication in Farmersville in memory of Sophia and all children of abuse. The 
Council invited a number of public officials including District Attorney Tim 
Ward, who spoke during the dedication.

"Because of constitutional violations in this case, the court should preclude 
the death penalty," the motion filed by the public defender stated.

However, the prosecution is arguing there is no evidence of misconduct in this 
case.

"District Attorney Tim Ward attended the event in support of Child Abuse 
Awareness Month," court documents stated. "He did not mention Sophia."

--Officers arrived at an Exeter apartment complex in the 800 block of west 
Visalia Road on May 7, 2011. There they found 3 people - Sophia's mother Erica 
Smith, Cheary and a neighbor.

--Sophia dies at Children's Hospital Central California, May 11 from internal 
brain hemorrhage and other injuries.

--An autopsy showed that the child died from blunt force trauma to the head. 
Reports also showed the child was sexually assaulted prior to her head being 
hit.

--Formal charges were filed by the district attorney's office against Cheary on 
June 1, 2011. If convicted, Cheary is facing the death penalty.

(source: Visalia Times Delta)