A Placer County judge said he will rule July 28 on whether to dismiss charges against Vernonica Martinez Salcedo, a nanny accused of having shaken a baby, causing its death.
Superior Court Judge Robert P. McElhany announced the new court date this afternoon after listening to verbal arguments in a case that has been tried twice and ended in a hung jury both times.
Defense attorney Mary Beth Action this morning made the motion for dismissal after a prosecutor requested more time to decide whether to seek a third trial against Martinez Salcedo, who is accused in the death of 16-month-old Hannah Rose Juceam of Roseville.
Prosecutor Jeff Wood said he needed the time so that a physician could review evidence introduced in the second trial by a medical expert for the defense
Acton said she did not believe the prosecution had any new evidence to present.
Wood then requested that Acton's motion to be put in writing. McElhany had agreed and ordered the parties to return at 1:30 p.m. for further consideration.
The first trial against Martinez Salcedo ended Oct. 31, 2007, with a jury deadlocked 10-2 to convict. The second trial ended June 26, with the jury deadlocked at 9-3 for acquittal.
Hannah Rose Juceam, who was found unresponsive on May 11, 2006, died two days later. Her parents made the decision to end life support after attending physicians told them Hannah had little chance of a normal life if she survived her brain injuries.
Call The Bee's Art Campos, (916) 773-2825.
