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Mother accused of second-degree murder in death of toddler takes the stand in her own defense
Kelle Anne Brassart
Turlock mother Kelle Anne Brassart faces 15 years to life in prison for the drowning death of her 2-year-old daughter.

MODESTO — Kelle Anne Brassart, charged with second-degree murder and felony child endangerment in the Sept. 12 drowning of her 2-year-old daughter, took the stand in her own defense on Monday and delivered an uneven performance as she answered questions from her attorney and the prosecution.

The defendant wore a gray blouse with black horizontal stripes, and black pants. Her brown shoulder-length hair was pulled back into a ponytail. She sat in a jail-issued wheelchair, situated near the witness stand. Brassart testified that she had corrective surgeries on her ankles last summer and still cannot walk unassisted.

Defense attorney Franz Criego asked his client if she knew that her daughter — Daniellé Pires, who died one week shy of her third birthday — was in the back yard playing near the pool on the day of the incident.

“I thought she was in the media room,” said Brassart, who also testified that she had earlier asked the girl to let the dogs outside.

Criego then asked if the girl had ever ventured into pool area when asked to let the dogs outside.

“No,” said Brassart.

Criego asked why she didn’t attempt to go outside to aid the child when she finally noticed she was floating in the pool.

“I cannot walk,” replied Brassart, whose right lower leg appeared swollen.

When Deputy District Attorney Sara Sousa began the cross-examination, Brassart’s manner turned noticeably darker. Her answers were curt, and peppered with “yeps” and “nopes” that at times seemed hostile. At one point, she furrowed her brow and shrugged as she grew exasperated with Sousa’s questions.

The prosecutor eventually got around to phone calls and texts Brassart made from about 2:40 p.m. to 3:25 p.m. — the same time her daughter was fighting for her life in the swimming pool.

Criego objected, claiming the question was beyond the scope of direct examination. He was overruled by Judge Dawna F. Reeves, who said the defense had presented Sousa with the opportunity.

“You asked if she knew the child was in the back yard,” Reeves told Criego. 

Sousa continued, and asked the defendant if she recalled phone conversations — one from 2:40 p.m. to 3:01 p.m. and another from 3:02 p.m. to 3:25 p.m. — with a man she’d met online on the day of the incident.

“That’s what the (call) log says,” Brassart replied.

Sousa then asked Brassart about texts she sent to another man during those phone conversations.

“I don’t recall,” said Brassart. 

Sousa pressed Brassart about the timeline established by home security camera footage, and the 911 call she eventually made at 3:27 p.m.

Brassart began to cry when Sousa asked why she didn’t attempt to go outside.

“I couldn’t,” Brassart said through tears.

Members of the eight-woman and four-man jury watched intently and scribbled in their notebooks during the interaction between the defendant and prosecutor.

Brassart, whose five surviving children range in age from 9 to 22 years old, faces 15 years to life in prison if convicted.

All that remains before the case is turned over to the jury is closing arguments and jury instructions, which are slated to begin Jan. 5.