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COUPLE FACES SECOND SET OF CHARGES IN TODDLER'S DEATH; PROSECUTORS GATHER WITNESSES FOR NEW PRELIMINARY HEARING.


Byline: Orith Goldberg Staff Writer

A Newhall couple pleaded not guilty Friday for a second time to charges in the death of their 2-year-old son.

April Starr and Michael Shires, who saw similar charges dismissed earlier this week for lack of evidence, are scheduled Oct. 21 for a joint preliminary hearing that will determine if they go to trial.

The Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County District Attorney's Office refiled the charges and is gearing up for a new preliminary hearing - this time with a more complete witness list.

In a preliminary hearing Tuesday, Los Angeles Municipal Court Judge Elva Soper dismissed charges of murder and assault on a child causing death against Shires, 26, and a murder charge against Starr, 36, for lack of evidence. Starr was ordered to stand trial on a child endangerment charge.

Starr was ordered to stand trial on a child endangerment charge.

Two-year-old Kyle Shires died June 6 while in the care of his father at their Arch Street home.

Initially, Shires told authorities Kyle had drowned while he was left unattended in a bathtub.

At a later date, however, Shires confessed to punching Kyle because the toddler would not stop staring at him while he watched television, sheriff's homicide homicide (hŏm`əsīd), in law, the taking of human life. Homicides that are neither justifiable nor excusable are considered crimes. A criminal homicide committed with malice is known as murder, otherwise it is called manslaughter.  detectives said.

Soper ruled insufficient evidence insufficient evidence n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence.  to try the pair because the detective who gave Shires his Miranda rights Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to  - including his right to remain silent - was not present, and authorities who did testify had no firsthand first·hand  
adj.
Received from the original source: firsthand information.



first
 knowledge that Shires had been told his rights.

The prosecution maintains the Shires was given his rights, administered a lie detector test lie detector test n. a popular name for a polygraph which tests the physiological reaction of a person to questions asked by a testing expert. A potential or actual criminal defendant or possible witness cannot be forced or ordered to take a lie detector test.  and subsequently confessed to killing the toddler.

Starr, who is nine months pregnant with Shires' child, told authorities she had been called to work the day her son died and Shires was upset because he was left no cigarettes or a car.

When questioned at the hospital, Starr told investigators that she was shocked by the amount of bruising bruising

discoloration and actual hemorrhage at the site of injury, and a serious disadvantage in the meat trade. In the first 12 hours after injury the bruise is bright red, at 24 hours it is dark red, at 24 to 36 hours it loses its firm consistency and becomes watery and at 3 or
 on her child that day, adding that injuries were not marks when she left for work.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 9, 1999
Words:336
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