9: Joselyn’s Trial

The question of who is to blame for the death of little Joselyn Hernandez , who died a tortured death at age 2, was finally being argued before a jury as the year ended.

Prosecutors charge that her father, Rogelio, beat the little Oxnard girl, burned her, twisted her legs until they broke and eventually killed her--and that her mother, Gabriela, let him.

“Both defendants are responsible for burning, biting and breaking--and finally destroying--a precious little girl,” prosecutor Dee Corona maintained.

But defense attorneys continue to argue that the young parents--both still teenagers when Joselyn died in 1996--were guilty of ignorance, not murder, that they tragically relied on the traditional healing methods of rural Mexico when their daughter was terribly sick.

Defense lawyers have also blamed government social workers for failing to protect Joselyn, who was first removed from her parents at 6 weeks of age after suffering nine broken ribs and two broken ankles. She was returned 18 months later on the recommendation of a social worker new to the case.

Indeed, as Joselyn’s case moved toward court, Public Social Services Agency Director James Isom retired under pressure--a move child advocates had demanded for months. Since Joselyn’s death, officials require a full committee review before a battered child is returned home. County Dist. Atty. Michael Bradbury also accepted some blame for not protecting Joselyn.

“The entire justice system intended to protect children failed her,” he said.