MODESTO — The prosecution rested its case Wednesday in the trial of Kelle Anne Brassart, accused of second degree murder and felony child endangerment in the Sept. 12 drowning death of her 2-year-old daughter at their Fireside Drive home in Turlock.
Defense attorney Franz Criego will present his case beginning Monday at 10 a.m. He told Stanislaus County Superior Court Judge Dawna F. Reeves that he would need just about four hours complete his case.
Legal experts interviewed by the Journal, who spoke on the condition of anonymity, are split as to whether Criego intends to put his client on the stand.
If the wheelchair-bound Brassart does testify, she would likely have to account for her whereabouts during a 50-minute window when her daughter — Daniellé Pires, one week shy of her third birthday — was seemingly left unattended while playing by the family’s swimming pool. Also, previous testimony revealed that Brassart made two phone calls to a man she’d met on Facebook earlier that day. Those phone calls allegedly took place during the same time that her daughter was fighting for her life, and the jury would likely want an explanation as to the nature of those calls.
Brassart, in a wheelchair due to corrective surgery on her feet, also would probably have to explain why she didn’t attempt to crawl or use crutches to get outside to rescue her child.
Putting Brassart on the stand would not only expose her to a vigorous cross-examination from Deputy District Attorney Sara Sousa, but she might inadvertently open the door for Sousa to explore her history as a parent.
Brassart pleaded guilty to misdemeanor child abuse in January 2023 (involving a different child), and was ordered to complete parenting classes. Five months later, she was ordered to attend 20 Alcoholics Anonymous meetings after throwing a drink at Daniellé’s father while he was holding the child, then 8 months old.
Closing arguments and jury instructions are expected to begin Jan. 5.
Sousa’s final witness was Abby O’Rourke, a criminalist for the California Department of Justice’s Bureau of Forensics. She delivered technical testimony that pertained to Brassart’s blood-alcohol level, which registered .17 and .16 in two separate breathalyzer tests conducted three hours after emergency personnel arrived on the scene. A blood-alcohol level of .08 is considered impaired in the context of operating a vehicle.
“What is the legal limit for home consumption,” Criego asked O’Rourke.
“There isn’t one,” she replied.
Additionally, Criego attempted to establish that Brassart’s breathalyzer results may have been affected by the fact that she has just one lung and has undergone bariatric surgery. He further questioned O’Rourke about gastroesophageal reflux disease, and how that condition could affect a reading. He also pressed the witness about the efficacy of the breathalyzer devices.
Brassart remains in custody at the Stanislaus County Public Safety Center, with bail set at $2 million. She faces 15 years to life in prison if convicted.
