ATTORNEY: NIEVES IS CARING.

Byline: Holly Edwards Staff Writer

SAN FERNANDO - Though painted as a calculating killer by truth-twisting prosecutors, murder suspect Sandi Nieves is in fact a loving mother who would not have harmed her children had she ``been in her right mind,'' her attorney said Monday in his closing argument.

Deputy Public Defender Howard Waco is scheduled to complete his argument today, and the jury could begin deliberating the death penalty case as early as this afternoon.

Nieves, 36, is on trial in North Valley Municipal Court in the deaths of her four daughters who died in an arson fire in the family's Seco Canyon area home.

Waco said Nieves was not aware of her actions the night of June 30, 1998, when the fire was set and still has no memory of the blaze.

Her ``brain malfunction'' was brought on by childhood head trauma caused by her abusive mother, a potentially toxic combination of diet pills and antidepressant drugs, a hormonal imbalance caused by a recent abortion and a history of epileptic seizures, Waco told the jury.

Expert witnesses for both the defense and the prosecution testified that ``these seizure-like effects can be brought on by stress, a hormonal imbalance and a combination of drugs,'' Waco said.

Waco questioned the prosecution's evidence that Nieves acted deliberately and with purpose when she poured gasoline in the house, locked the doors and windows, and placed towels in the oven.

In fact, Waco argued, fingerprints on the gasoline can suggest Nieves spilled the gasoline randomly in the house. He also said she was paranoid by nature and always sealed the windows and doors. And, he said, she was simply trying to warm her feet when she placed towels in the oven.

He cautioned the jury that given two reasonable explanations of events leading up to the fire, the jurors are required to select the explanation that would suggest Nieves' innocence.

While prosecutors argued Nieves was suicidal the night of the blaze, Waco said there is ample evidence suggesting she planned to be around awhile.

The refrigerator was filled with food, she had tickets to go to Six Flags California for the Fourth of July weekend, and in her last conversation with a friend she said ``see you tomorrow,'' Waco said.

While Waco has previously stated Nieves was under a suicide watch during the recent anniversary of the fire, court documents show jail officials have refuted that.

Jurors appeared weary as Waco's arguments continued late Monday afternoon, and one juror appeared amused as Waco described the love Nieves had for her daughters.