OXNARD — Should Gabriela Hernandez face the same murder charge as husband Rogelio Hernandez in the abuse death of their 2-year-old daughter?
Attorneys argued the question Friday, and a judge said he would weigh their statements before deciding whether to drop murder charges against Gabriela Hernandez.
The Oxnard mother has said in interviews that she was a battered woman unable to stop her husband from regularly beating their daughter, Joselin.
Defense attorney William Maxwell argued that Gabriela Hernandez showed no malice--one key to a guilty verdict on a murder charge.
But Deputy Dist. Atty. Dee Corona argued that Gabriela Hernandez failed to protect her child despite the injuries the girl was obviously suffering at Rogelio Hernandez's hands.