TRULY LO - 12 yo (2010) - Natomas (N of Sacramento) CA

Stepmom May Face Homicide Rap as Girl Dies After 6-Year Coma

by Bear aka GA Today at 7:24 am



A 12-year-old California girl who was beaten into a vegetative state by her stepmother six years ago has died. The stepmother, who is serving time for child abuse, could now face homicide charges, according to a published report.
Truly Lo, of Natomas, a neighborhood in northwestern Sacramento, was just 6 years old in 2004 when her stepmother, Weili Kao, beat and strangled her. The abuse was so severe that Truly sustained brain damage and fell into a coma.

The girl's father, Thomas Lo, told The Sacramento Bee that doctors estimated Truly would only live for a day or two. Despite the dire diagnosis, Lo refused to remove his daughter from life support. Truly remained in a vegetative state for six years and never regained consciousness.

Last Tuesday, Truly's oxygen levels dropped and she died at a children's care facility, Lo told the newspaper.

In August 2005, Kao was convicted of four felony counts of child abuse and sentenced to 16 years in prison, The Associated Press reported.

During Kao's trial, Dr. Angela Rosas, a child-abuse expert, testified on behalf of the prosecution. Rosas said evidence showed Truly had been slapped, spanked, beaten with a hanger and strangled for four to six minutes on May 11, 2004.

The beatings and strangulation were dealt out as punishment because the child had told a lie, Kao's family members testified. During the punishment, the girl apologized to her mother and said, "I love you, Mommy," according to a 2005 article published by the Bee.

Prior to sentencing, Lo pleaded with the judge to show his wife mercy, calling the beatings a "horrible mistake."

Sacramento Superior Court Judge Troy L. Nunley was unmoved by the request.

"Lest we forget what this case is about, this case involves the near-murder of a 6-year-old child," Nunley said.

Kao, now 41, remains behind bars at the Valley State Prison for Women in Chowchilla.

At the time of the trial, prosecutors said Kao could face a homicide charge if Truly died. The Sacramento County Coroner's Office website has listed the girl's death as a homicide, but the Sacramento County District Attorney's Office has not indicated its intent regarding charges. The district attorney did not immediately return calls for comment from AOL News today.

Truly's funeral service has been scheduled for 11 a.m. Tuesday at the Chapel of the Chimes in Hayward.

Earlier today, Lo left condolences for his daughter on Tributes.com, an online obituary and memorial website.

"Thank you for being with us for 12 years, 8 months and 9 days," Lo wrote. "We love and will remember every moment being with you. Daddy will try his best to learn how to forgive those who hurt you. Thank you for being my daughter. I love you very much and you will be always in my heart forever."
http://www.aolnews.com/2010/12/27/stepmom-may-face-homicide-charges-as-girl-dies-after-6-year-coma/?test=latestnews

Weili Kao v. Tina Hornbeak
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
WEILI KAO,
PETITIONER,
v.
TINA HORNBEAK, RESPONDENT.
ORDER
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is proceeding before a United States Magistrate Judge with the consent of the parties pursuant to 28 U.S.C. § 636(c). See Consents filed October 7, 2009 and November 20, 2009.

This action is proceeding on petitioner's original petition for writ of habeas corpus, filed September 24, 2009. Therein, petitioner challenges her 2005 conviction on charges of corporal punishment or injury of a child, enhanced by infliction of great bodily injury, and the sentence of sixteen years and four months in state prison imposed thereon. Specifically, petitioner claims that (1) there was insufficient evidence to support the jury's true finding of a great bodily injury enhancement as to count 3; (2) the trial court violated petitioner's right to due process by imposing an upper term sentence based on facts not found by the jury; (3) the trial court violated petitioner's right to due process based on a finding, that the crimes were planned, which was not supported by substantial evidence; and (4) petitioner's counsel provided ineffective assistance in failing to object to the trial court's use of planning as an aggravating factor at sentencing. Respondent contends that the claims are without merit.
http://ca.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20111122_0016205.ECA.htm/qx
Interesting, tells the whole court hearing