The two women accused of murder in the June 13 dehydration and starvation death of 3-year-old Sarai Perez-Rivera pleaded not guilty Monday to charges in a nine-count indictment.
The child’s mother, Janae Perez, 25, and Perez’s girlfriend, Ashleigh Utley, 34, wearing white paper jumpsuits, were arraigned before Oahu Circuit Judge Ronald Johnson, who affirmed they will continue to be held without bail, in part, he said, because of the danger they pose to Perez’s three surviving children.
According to an autopsy report by the Honolulu Medical Examiner, Perez-Rivera was a month shy of her fourth birthday when she died, but at 20.5 pounds she was the average weight of an 11-month-old infant, according to the U.S. Centers for Disease Control and Prevention, or that of a 14-month-old child, according to the World Health Organization.
She stood 35 inches, the height of an average girl age 2 years, 4 months, according to the two health agencies.
Her cause of death was the combined effects of dehydration and starvation, the autopsy report said. She also had numerous blunt-force injuries to her head, face, back, buttocks and extremities.
At the arraignment, Utley’s court-appointed attorney, Keith Shigetomi, requested that a bail amount be set for her, referencing the initial $1 million bail set for each of the defendants in District Court. A deputy public defender joined in the request on Perez’s behalf.
However, according to the grand jury bench warrant issued March 4, the pair are to be held without bail.
No-contact court orders also were issued to the two women March 4, naming Perez’s family, including her three surviving children, her mother and her sister, Utley’s teenage daughter and others.
In affirming their no-bail status, Johnson noted there is a high risk that someone charged with such serious crimes might flee or pose a serious danger to others.
“In this particular case, the court is particularly concerned, ” Johnson said. “The court believes there is a serious risk that there may be some obstruction or there may be some attempt to intimidate or affect or influence the testimony and perceptions of prospective witnesses.
“There are other children who were in the home, ” he explained. “Those children are obviously witnesses to what transpired, and the court does not believe, at their age, that they’re able to separate out and not be affected by potential contact with the defendants.”
Johnson was referring to Perez-Rivera’s siblings, who at the time of the girl’s death were ages 6, 5 and 2, and lived in the Kapolei home shared by Perez and Utley. The two older brothers are now 7 and 6, and her younger sister is 3.
Perez-Rivera and the youngest boy have the same father, while the other two children have different fathers, according to an attorney representing the victim’s grandmother Leah Schnabel, who is suing the state Department of Human Services on behalf of the surviving children for its alleged negligence in handling complaints about abuse in the household.
“The court believes the defendants pose a significant danger to the other children, though those children have probably been removed at this time, ” Johnson said.
In fact, DHS’ Children Welfare Services did remove the other three children from the defendants’ care.
Some of the charges against the two women include kidnapping involving Perez-Rivera and her two brothers, who were allegedly barricaded inside their room. They were allegedly denied food, water and use of the bathroom, court records show.
Perez told police the children were sometimes punished by feeding them tinned fish and sauerkraut. They were also fed military-style MREs (an acronym for meal, ready to eat ) because they liked it, she told police.
Johnson said he does not believe the defendants can be safely released. Both women continue to be held at the Women’s Community Correctional Center. A jury trial for the pair is set for May 12 before Circuit Judge Kevin Souza.
According to Perez-Rivera’s autopsy report, Emergency Medical Services personnel arrived at the girl’s side at 7 p.m. June 13 in response to a 6 :54 p.m. call. She was not breathing and had no pulse. Perez-Rivera was taken to The Queen’s Medical Center-West, where she was pronounced dead shortly after arrival.
The report says the girl had recently exhibited abnormal weight loss and had been sick before her death, apparently from severe malnutrition, ketoacidosis and dehydration.
According to the medical examiner, the acetone and betahydroxybutyric acid in her femoral blood are signs of dehydration. She also had acetaminophen, an over-the-counter analgesic, in her blood. The report said acetone can cause a slowing of the central nervous system, resulting in lethargy, nausea and, in severe cases, stupor and coma, among other symptoms.
The girl’s grandmother told police she noticed Perez-Rivera seemed very tired on some occasions when she saw her.
The autopsy report also says Perez-Rivera had thymic atrophy, a reduction in the size of the thymus gland, and fatty liver disease, which are consistent with chronic starvation.
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