MODESTO — The trial of Kelly Anne Brassart, facing a potential life sentence for the drowning death of her 2-year-old daughter, got underway with jury selection on Tuesday in Stanislaus County Superior Court.
The 45-year-old Turlock woman faces 15 years to life in prison if convicted of second-degree murder and felony child endangerment stemming from the Sept. 12 incident.
She remains in custody at the Stanislaus County Public Safety Facility on $2 million bond.
Pre-trial motions began last week, and concluded Tuesday before the jury selection process began.
On Monday, Judge Dawna F. Reeves admitted a video of what appears to be the victim, Daniellé Pires, playing unsupervised around the swimming pool at the Fireside Drive residence.
After several minutes, the child could be seen entering the water. After a lengthy struggle to reach the side of the pool, the child stopped moving.
Police body-camera footage, which was admitted last week during pre-trial motions, showed the victim being pulled from the water by Turlock Police Officer Nicholas Gutierrez. Life-saving efforts began immediately and the child was eventually taken by ambulance to Emanuel Medical Center.
Reeves did not admit records that show Brassart completed a 52-week, court-ordered parenting class, which the prosecution believed would have shown that Brassart knew that leaving a toddler unsupervised could have dire consequences.
During the proceedings, the wheelchair-bound Brassart — she had corrective surgery on both ankles prior to the incident, according to her attorney, Franz Criego — sat quietly with her chin resting in the palm of her hand.
According to Sousa, officers at the scene suspected Brassart was intoxicated. At 6:41 p.m., three hours after the incident, Brassart registered a blood-alcohol level of .17, Sousa said. Three minutes later, she recorded a .16 — .08 is considered impaired.
Because Brassart was in a wheelchair, a modified sobriety test was administered at 7:18 p.m.
California Highway Patrol Officer Matthew Haines, a drug recognition expert who was called to the scene, asserted that Brassart was also on a central nervous stimulant, Sousa said.
Brassart, who has five other children, pleaded guilty to misdemeanor child abuse in January 2023 (involving a different child), and was given a four-year probation term and ordered to complete the parenting classes.
In May 2023, when Daniellé was eight months old, Brassart threw a drink tumbler at the child’s father while he was holding her, Sousa said. Brassart was required to participate in 20 Alcoholics Anonymous meetings.
