MODESTO — Deputy District Attorney Sara Sousa painted a picture of the final hours of Daniellé Pires’ life during opening statements Wednesday in the murder trial of the 2-year-old's mother.
Kelle Anne Brassart, 45, is accused of second-degree murder and felony child endangerment in the drowning death of her daughter. She faces 15 years to life in prison if convicted. She remains in custody at the Stanislaus County Public Safety Center on $2 million bond.
Sousa told the jury that the girl ate a breakfast of eggs and noodles, and then watched cartoons in her mother’s bedroom before taking a nap. That preceded what Sousa described as a gap of more than 40 minutes that the child went unsupervised.
At around 2:45 p.m. on Sept. 12, the girl is seen on security camera footage entering the back yard.
“At 3:08 p.m., Daniellé, 2 years old, wearing only a diaper, enters the pool … and never comes out,” Sousa told the jury of eight women and four men. “At 3:18 p.m., Daniellé is on her back and no longer breathing.”
Sousa played for the jury a recording of a 911 call, placed at 3:27 p.m. on Sept. 12. The defendant could be heard telling the dispatcher that she was in a wheelchair and could not get to the child. Jurors sat stone-faced as they listened to the recording and then watched Turlock PD body-camera footage.
Sousa then told jurors they would hear testimony that the defendant, with the aid of crutches and a walking boot, traveled to Newman to get her nails done, and that a video found on Brassart’s phone shows her standing unassisted.
Sousa concluded her summation of the timeline by telling of Brassart’s interaction with a man she met just hours before the incident.
“At 2:40 p.m. the defendant called him,” said Sousa. “They talked on the phone for 21 minutes. The call ends at 3:01 p.m. … At 3:02 p.m. she makes another call to this strange man she just met on Facebook and talks to him until 3:25 p.m., while her daughter is unattended …” and struggling for her life.
Defense attorney Franz Criego told jurors the situation is not as simplistic as Sousa portrayed.
“This case is about heartbreak,” said Criego. “It’s a about a mother who loved her child more than life itself, and who now wakes up every single day in a reality that no parent should have to undergo. Her child is gone. Ms. Sousa makes it sound so simple. It is not as simplistic as she says. My client, a grieving mother, is caught in the grip of an unimaginable tragedy.”
Criego said his client had undergone surgery on both feet — not one — and that she was doing her best to care for the child while attempting to manage physical pain.
“Lying on the bed, speaking on the phone, she asked her child to let the dogs out, a simple everyday request and something every parent might say,” Criego said. “What she did not know was that the (safety fence) gate had been propped open with a shovel.”
Criego said Brassart could not see the pool from her vantage point in the master bedroom, and that pain prevented his client from rushing outside “as we would want her to have done.”
Both attorneys addressed the fact that Brassart registered a blood-alcohol level of .17 and .16 in two separate tests hours after the incident.
The first two witnesses to take the stand — Turlock PD dispatch supervisor Maribel Rodriguez and Turlock PD Officer Nicholas Gutierrez — affirmed that the 911 recording and the body-cam footage were accurate depictions of what occurred.
On cross-examination, Criego got each witness to say they did not notice the defendant slurring her words or showing obvious signs of impairment.
The trial resumes Tuesday in the courtroom of Judge Dawna F. Reeves.