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If the situation is urgent, recent, or someone is in custody, call (505) 984-1100.","Tell us what happened in broad terms. Avoid confidential details for now.","Available 24/7",[182,183,184],"Someone was arrested last night. What should we do first?","Can you explain what happens after a DWI arrest in New Mexico?","I need the office to review this chat and follow up directly.",{"enabled":174,"triggers":186,"headline":192,"description":193,"submitLabel":194,"successMessage":195},[187,188,189,190,191],"contact me","call me","follow up","consultation","talk to a lawyer","Request office follow-up","Share a few details and the office can review the chat and follow up directly.","Send Follow-Up Request","Your follow-up request has been sent to the office.",{"enabled":174,"triggers":197,"threshold":143,"geoPreference":174,"clickTracking":174,"askHeadline":206,"askDescription":207,"positiveHeadline":208,"positiveDescription":209,"negativeHeadline":210,"negativeDescription":211,"reviewSites":212},[198,199,200,201,202,203,204,205],"leave a review","write a review","review","feedback","testimonial","google review","yelp","avvo","How would you rate your experience?","Choose a rating so we can route you to the right next step.","Thank you for the kind words!","Would you mind sharing your experience on one of the review platforms below?","We are sorry to hear that.","Tell us what happened and the office can review it directly.",[],{"slug":214,"title":215,"summary":216,"category":217,"publishedAt":218,"readTimeMinutes":131,"featured":31,"seoTitle":219,"seoDescription":216,"keyTakeaways":220,"sections":221,"relatedLinks":222,"categories":223,"bodyHtml":224,"sourceUrl":225,"sourceLabel":226},"woman-acquitted-in-infants-death-wont-receive-more-time","Woman acquitted in infant’s death won’t receive more time","The jury acquitted Rachel Smith in the death of an infant she was babysitting.","In the News","2019-08-08T00:00:00","Woman acquitted in infant’s death won’t receive more time | Stephen D Aarons",[],[],[],[217],"\u003Ch2>Babysitter was sentenced for other crimes but served two years while awaiting trial\u003C/h2>\n\n\u003Cul>\n\u003Cli>\u003C/li>\n\u003C/ul>\n\n\u003Cfigure>\u003Cimg src=\"/imported/old-aarons-law/external/i-prcdn-co/542fdc3284994fc8.jpg\" alt=\"\">\u003Cfigcaption>\u003Cstrong>Rachel Smith\u003C/strong>\u003C/figcaption>\u003C/figure>\n\n\u003Cp>A woman acquitted last month of causing the death of an infant she was babysitting at a Santa Fe motel will serve no additional time for possessing drug paraphernalia and obstructing a police investigation by initially pretending to be the child’s mother.\u003C/p>\n\u003Cp>A judge on Tuesday sentenced Rachel Smith, 27, to just under two years for those crimes. But counting time spent in jail and on electronic monitoring, Smith already had undergone more than two years of incarceration while awaiting trial.\u003C/p>\n\u003Cp>Authorities charged Smith in the 2017 death of 3-month-old Jonathan Valenzuela after medics arrived at the Cerrillos Road motel in response to her frantic 911 call reporting the child was not breathing. Responders found the baby dead.\u003C/p>\n\u003Cp>Smith said at trial she originally claimed to be the child’s mother in order to protect the baby’s teenage mother from getting in trouble.\u003C/p>\n\u003Cp>The boy had no visible injuries, and police initially speculated that Smith — who admitted she used heroin in the bathroom while the boy and his 2-year-old sister slept — may have smothered the child by accidentally rolling over on him. But when an autopsy found the child died of strangulation and blunt force trauma, Smith was charged with child abuse resulting in death.\u003C/p>\n\u003Cp>About a month before the case was set for trial in July, the state got more time to investigate evidence that suggested the child’s mother, Angel Arellano, may have inflicted the child’s fatal injuries. Though prosecutors never charged Arellano and proceeded with their prosecution of Smith, defense attorney Stephen Aarons raised the issue at trial.\u003C/p>\n\u003Cp>Medical examiner Dr. Heather Jarrell testified that in her opinion the infant’s injuries most likely were inflicted during the time he was under Smith’s care, but she acknowledged under cross-examination it was possible the injuries were inflicted much earlier, while the baby was with his mother.\u003C/p>\n\u003Cp>A jury found Smith not guilty of child abuse resulting in death, but convicted her of obstructing an investigation and possession of drug paraphernalia. The maximum penalty for each of those misdemeanors is 364 days in jail.\u003C/p>\n\u003Cp>The child’s mother did not attend the sentencing. Smith declined to comment after the hearing, saying only, “Not right now. I’ve been through enough.”\u003C/p>\n\u003Cul>\n\u003Cli>By Phaedra Haywood phaywood@sfnewmexican.com\u003C/li>\n\u003Cli>Reprinted with permission\u003C/li>\n\u003C/ul>","https://old.aarons.law/news/woman-acquitted-in-infants-death-wont-receive-more-time/","View original old.aarons.law post"]