ALBUQUERQUE, N.M. (KRQE) – A judge halted a sentencing hearing Thursday morning for a father charged in connection with a baby’s death because his lawyer claimed he was innocent after he took a plea deal. Adam Garcia had pled no contest to child abuse resulting in death. “We had to candidly advise Adam, we can’t guarantee you won’t be convicted of first degree. So fearing the life sentence, he took this plea knowing that the court, you, your honor, could give him 18 years,” said Garcia’s lawyer, Judy Caruso, in court.
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In February 2022, police were called to the University of New Mexico Hospital after his five-month-old daughter was admitted with a brain bleed. She passed away a month later. An autopsy found she died from blunt force trauma.
Garcia’s lawyer went on to claim that the baby did not die from trauma but said it was COVID-19. The state immediately made an emergency motion. “Given the presentation, I think I have to. If the defense wants to continue to claim innocence, I have to move to withdraw the plea. He can’t, this case needs to go before a jury to decide,” said Prosecutor Rebekah Reyes.
Judge Jennifer Wernersbach reset the hearing to allow both sides to discuss the next step. They’ll be back in court next month…