A trial date has been set for Robert Anthony Garcia Jr., 36, and Christana Marie Contreras, 28, to face charges in the violent death of Contreras' 2-year-old daughter.

Garcia is charged with assaulting a child resulting in death, and murder.

Contreras, the mother of the toddler, Isabella Maria Cortes, is charged with felony child endangerment, and with aiding her boyfriend after the fact.

Both pleaded not guilty Monday morning in Santa Maria Superior Court before Judge Zel Canter, who set trial for Dec. 10.

Also at the hearing, Deputy District Attorney Megan Baldwin, the prosecutor, said Contreras' bail was increased to $520,000 and she was taken into custody.

Contreras had been free since February on a lower bail amount. Garcia has remained in Santa Barbara County Jail without bail on parole violation charges.

On the evening of Feb. 13, Garcia and Contreras brought the unresponsive Isabella to Lompoc Hospital.

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A radiologist's examination revealed “multiple skull fractures, along with bleeding on the brain,” according to Lompoc police. Later examinations revealed a bruise at the base of Isabella's neck and bruised ears “consistent with hitting and pinching,” according to a medical report.

Within two weeks of being taken to the hospital Isabella lost brain function due to the swelling and was taken off life support.

The coroner's report determined the cause of death to be homicide due to head trauma, concluding that the girl was “thrown or slammed against a hard surface with substantial force.”

Police later found an indentation in the wall next to Isabella's bed, with long brown hairs embedded in, where she may have been thrown, according to testimony at a preliminary hearing Sept. 26.

During the hearing, Baldwin presented her case - that Garcia, coming off of a methamphetamine binge, had injured Isabella. Baldwin presented two days of recordings, testimony, and doctors reports.

Garcia's defense attorney, David Bixby, did not present testimony at the preliminary hearing, but criticized the prosecution's case for not tying his client to the injuries through physical evidence beyond a possible thumb-shaped bruise.

James Huseman, representing Contreras, also saved his case for the trial. He had argued in the preliminary hearing that his client had reacted to try and save her child's life, and should not be considered an accessory to murder.

Glenn Wallace can be reached at 737-1059 or gwallace@santamariatimes.com.

October 7, 2008