Jury Selection in Tot’s Death Continues

Jury selection continued Wednesday in the murder trial of Gabriela and Rogelio Hernandez, the Oxnard couple accused of fatally beating their 2-year-old daughter, Joselyn.

Before interviewing prospective jurors Wednesday morning, Superior Court Judge James Cloninger accused Rogelio Hernandez of trying to manipulate the case by talking to the press.

The 20-year-old defendant, who has pleaded not guilty to killing his daughter, called a newspaper this week to assert his innocence. Cloninger questioned Rogelio Hernandez’s intentions.

“Mr. Hernandez, I regard this as an attempt by you to influence the jury in this case,” the judge said. “I really don’t know what your motivation was, but that’s the only one that makes sense.”

Cloninger prohibited both defendants from speaking with the press. “The jury on this case is going to reach a verdict based on the evidence,” he said, “not based on headlines in news racks.”

Several months ago Gabriela Hernandez made statements about her daughter’s death and the charges against her and her husband in jailhouse interviews with two reporters. “I think she fully understands not to do that again,” said Bill Maxwell, Gabriela’s attorney.

The pair are charged with murder in the June 22, 1996, death of Joselyn. They are also charged with multiple counts of felony child abuse for allegedly injuring the child in the months before her death.

Joselyn died as a result of blunt-force injuries to her abdomen. Prosecutors say the two parents, who were stripped of custody for a time, inflicted the injuries that eventually led to the child’s death.

Opening statements in the case are expected later this week.