CHILD'S DEATH ATTRIBUTED TO RAGE.

Byline: Jesse Hiestand Daily News Staff Writer

Seeking to counter claims that his client is a ``monster,'' a defense attorney argued Wednesday that an Oxnard man charged in the torture death of his daughter was a young and frustrated father, not a sadistic killer.

Defendant Rogelio Hernandez, 20, wearing a teal-color suit, listened intently as deputy public defender Doug Daily tried to convince jurors not to convict Hernandez of first-degree murder, torture and child abuse in the death of 2-year-old Joselin.

``As bad as this may be, all of the evidence indicates to the contrary that these were the episodic rages of a young man who was beyond frustration,'' Daily said. ``This was someone who simply could not handle a young child.''

An hour later, Rogelio's 19-year-old wife, Gabriela, listening through a Spanish translator, heard defense attorney Bill Maxwell make a similar plea for a not guilty verdict on her behalf.

Both defense attorneys urged the jury to look beyond their anger - particularly at Rogelio - over the brutality of the injuries inflicted on Joselin, who witnesses said was tortured when she was just 6 weeks old.

``We need 12 people who are not involved in the emotional side of this case to sit back, take a deep breath and look at the evidence and say, `OK, what do we have here?' '' Maxwell said.

According to Maxwell, there was ample evidence the victim was a sickly, accident-prone child who was at least partially responsible for some of her own injuries.

He said Joselin was born anemic and had to be taken to a doctor when she was just a week old for abnormal bleeding and vomiting. Maxwell said doctors gave the parents mixed signals by telling them that chronic vomiting was a natural reaction to being overfed.

While still an infant, Joselin suffered burns on her hands. While prosecutors say these were deliberately inflicted by Rogelio, Maxwell said the baby burned herself on a leaking car battery at her family's Oxnard home. About a year later, the child slipped an idling truck into gear, causing it to smash into a wall, he said.

``This is a little girl who wasn't just in her terrible 2s,'' Maxwell said. ``She was a little rascal . . . an impish, mischievous little kid.''

In his closing argument, Daily also attempted to shift blame from his client onto the Ventura County Public Social Services Agency, which he said blundered by returning Joselin to her parents' custody while failing to closely monitor the child for signs of trouble.

``Here they (PSSA) were entrusted specifically with helping out children and they dropped the ball again and again,'' Daily said. ``It was negligent, and may be downright criminal.''