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BRIEFLY MOM TO BE RETRIED ON MURDER CHARGE.


VENTURA - The Ventura County District Attorney's Office announced Thursday it would retry an Oxnard woman for the 1996 murder of her 2-year-old daughter.

The Second District Court of Appeals on Aug. 14 reversed the convictions of Gabriela Nieto Hernandez for second-degree murder and fatal assault on a child, saying the trial judge should not have excluded testimony from an expert witness on battered woman syndrome battered woman syndrome
n.
A pattern of signs and symptoms, such as fear and a perceived inability to escape, appearing in women who are physically and mentally abused over an extended period by a husband or other dominant individual.
, officials said.

The District Attorney's Office had objected to the testimony during the trial, said Deputy District Attorney Richard Holmes.

Holmes said it will be months before a new trial for Hernandez gets under way.

The appellate court affirmed Hernandez's convictions on five counts of child abuse. It also affirmed the conviction of her husband, Rojelio, on one count of first-degree murder by torture and eight counts of child abuse and torture.

Hernandez was 18 and her husband was 19 when they were charged with murdering their daughter, Joselin. She was sentenced in 1998 to two concurrent terms of 15 years to life for second-degree murder and felony abuse in the toddler's death.

During the trial, prosecutors showed that Rojelio Hernandez inflicted burns, beatings and kicks to the child's head, while Gabriela turned a blind eye. Gabriela Hernandez was expected to use spousal abuse as part of her defense bid to show that she did not act to save her daughter because she was too afraid of her husband.

- Daily News

Armed robbers hit Office Depot store

OXNARD - Two masked gunmen tied up employees early Thursday and robbed an Office Depot store on 1931 Ventura Blvd., police reported.

The gunmen ordered employees, who were arriving to work at 4 a.m., to get on the ground, where their hands were taped behind their backs, police said. The store manager was forced to open the safe and hand over an unspecified amount of cash.

The suspects left in an unknown direction, and no vehicles were seen, police said.

- Daily News

Shoppers warned against snatchers

VENTURA - Ventura police officials are warning shoppers to keep an eye on their valuables as they browse through stores.

Officials say that a series of purse snatchings has occurred in several shopping centers throughout Ventura and that the thefts could have been easily avoided.

Most of the thefts occurred because victims left their purses or other valuables unattended in shopping carts, said Cpl. John Snowling.

By simply keeping their valuables in their possession while shopping, he said, most of the victims could have avoided the incidents.

Ventura police are asking that anyone with information on the crimes call (805) 339-4323.

- Daily News

Landlords to get crime-fighting aid

OXNARD- The Oxnard Police Department is offering a special education seminar to help property owners deal with gangs and narcotics activity in apartment complexes, officials announced Thursday.

Apartment managers and landlords will also be given information about graffiti prevention, relations with problem tenants and crime prevention through environmental design, said Officer Christa Lyneis.

Instructors will include Police Department representatives, building code enforcement officers and an attorney specializing in property management cases.

The three-hour class is scheduled for 9 a.m. Sept. 9 at the Oxnard Public Library. Fee for the class is $10, and registration is required. Call (805) 385-7972.

- Daily News
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Publication:Daily News (Los Angeles, CA)
Date:Aug 25, 2000
Words:537
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