HEAVEN HERNANDEZ - 2 yo (2009) - Livermore (E of Oakland) CA

A Livermore woman will stand trial on murder and child abuse charges, an Alameda County Superior Court judge ruled Friday.Mary Katherine Downing, 56, is accused of killing 23-month-old Heaven Hernandez, the granddaughter of her fiance, early March 21, 2009. According to police, Downing called 911 from her home in the 2100 block of Percheron Road in Livermore to report that the toddler was unresponsive, police said. When police arrived, they noticed the girl had injuries indicating potential physical abuse. In a preliminary hearing earlier this week, Livermore police Detective Elaine Briggs testified that Downing told her that she put Heaven to bed about 9:30 p.m. the night before. Her fiance, Heaven's grandfather, a truck driver who also lived at the home, was out on the road. Downing said she woke up to Heaven screaming. When she picked up Heaven, the child was basically lifeless, Briggs said Downing told her. While officers searched the home later on March 21, Downing changed her story, Briggs said."I did it. I dropped her," Briggs said Downing told her.Briggs said she took Downing back to the police station for a second interview, during which Downing said she awoke to Heaven screaming that night. Downing picked the child up from her crib and accidentally dropped her. When Heaven would not stop crying, Downing said she shook the girl and then dropped her three more times.Downing demonstrated with a teddy bear how she dropped Heaven, Briggs said, cradling the teddy bear with outstretched arms and then letting her arms go. Downing was crying as she told her story, Briggs said."I must have just snapped," Briggs recalled Downing telling her.The toddler had skull fractures and bruises, blood on the brain, internal bleeding and trauma to her chest when she was taken to Children's Hospital in Oakland that night, according to court records. Heaven was declared brain-dead March 23 and taken off life support two days later. Dr. Robert Heidersbach, who treated Heaven at Children's Hospital, testified this week that Heaven's condition was so severe, she "had little to no chance at surviving."She never regained consciousness, Heidersbach said.Downing has been held at Santa Rita Jail in Dublin without bail since her March 2009 arrest. She is scheduled to appear at 10:15 a.m. Dec. 3 in Hayward for arraignment.

Caretaker Charged With Murdering Livermore Toddler



LIVERMORE, Calif. -- Charges against a Livermore woman accused of severely abusing a toddler under her care who later died have been upgraded to murder, a prosecutor said Thursday.



Mary Downing, 54, was arraigned on the murder charge Wednesday afternoon in Alameda County Superior Court, Assistant District Attorney Jon Goodfellow said.



Downing had previously been charged with the attempted murder of 23-month-old Heaven Hernandez, who was the granddaughter of Downing's fiance.



Downing called 911 about 12:40 a.m. on March 21 to report that Heaven was unresponsive. Police arrived at the home at 2142 Percheron Road and found that Heaven had suffered injuries consistent with severe physical abuse, Livermore police Lt. Matt Sarsfield said.



The child was taken to Children's Hospital in Oakland, where she was declared brain dead on March 23. Heaven died March 25 after being removed from life support.



Goodfellow said Downing is also charged with assaulting a child under the age of 8 causing great bodily injury resulting in death.



Downing is being held without bail at the Santa Rita Jail in Dublin and is scheduled to return to court April 22.

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