O.C. Won’t Refile Murder Charges Against Aunt in Baby’s Death

Despite an Orange County coroner’s finding that the case is a homicide, the district attorney’s office said Monday it will not refile murder charges against a Santa Ana woman who had been accused of smothering her 9-month-old niece.

Police and prosecutors alleged that Teresa Hurtado, 20, who often cared for the girl, smothered her so that she and her own year-old son could sleep.

But Brenda’s mother, Bertha Castrejon, and other family members have maintained Hurtado’s innocence, saying she was trying to comfort the crying baby by hugging her and only later noticed that the infant had stopped breathing.

At a hearing last month, a judge dismissed charges of murder and child abuse, declaring that there was not enough evidence to bring Hurtado to trial.

At the time, Deputy Dist. Atty. Dennis Conway said he would consider filing new charges once a coroner’s determination had been made.

That determination has been made, according to a July 10 coroner’s notification to the mother of Brenda Castrejon Martinez: The baby died as a result of homicide by suffoca- tion.

But the report does not go beyond medical findings to suggest who committed the killing or whether it was deliberate, and prosecutors said they still do not have enough evidence to press murder charges.

A district attorney spokeswoman said Monday that since homicide cases have no statute of limitations, charges could be filed later.

“We will not close this investigation until there is conclusive evidence either exonerating or incriminating Miss Hurtado, and we welcome anyone out there that can put this case to rest,” Deputy Dist. Atty. Susan Schroeder told City News Service.

Schroeder did not return calls from The Times about the case.

A final report will be released in the next few days, Deputy Coroner Cullen Ellinburg said Monday.

Since her May 5 arrest, Hurtado has remained in Santa Ana City Jail while federal authorities determine whether she will be deported to Mexico.