JO JADE - 2 yo (2006) - Cypress - CA

SANTA ANA – A Cypress man who was given custody of his 2-year-old
niece in 2005 when his sister was imprisoned is headed to prison himself
after a jury convicted him Tuesday of second-degree murder for beating
the child to death.
The seven-woman, five-man jury also found Michael David Balderas
guilty of assault on a child likely to produce great bodily injury
resulting in the death of little Jo Jade on March 30, 2006.
Michael Balderas, left, was convicted of second-degree murder in the beating death of his niece, Jo Jade, right.






Balderas, now 33, faces a term of 25 years to life in prison at his
sentencing by Superior Court Judge William R. Froeberg on Feb. 22.
Deputy District Attorney Michael Murray contended during the trial
that Balderas beat his niece “over and over and over again” in between
sessions on his home computer to “teach her a lesson” because she was
dirtying her diapers.
The key evidence in the case was an 80-minute videotape of a police interview of Balderas shortly after the child died.
In it, Balderas claimed he believed Jo Jade was intentionally defying
him by continuing to mess her diapers even though he had warned her
that such behavior was unacceptable and would result in “pow pow” – or
more beatings.
He admitted hitting Jo Jade four or five times with his fingers and a
belt on March 30, 2006, because she continued to “poop” her panties
before he noticed late in the afternoon that she was unconscious after
he ordered her to take a nap.
Balderas told detectives that he called his girlfriend to come home
immediately and that he tried to resuscitate the little girl as they
drove to La Palma Hospital.
But doctors were unable to resuscitate Jo Jade, who was pronounced
dead as a result of internal bleeding caused by blunt-force trauma and
repeated injury.
The child, Murray said, had bruising on every inch of her lower extremities.
Murray argued that Balderas should be convicted of first-degree
murder under the legal theory that he killed the 2-year-old girl during
the commission of child molestation.
Doctors found evidence of sexual assault when they tried to
resuscitate her. Later detectives found additional evidence, according
to Murray.
Deputy Public Defender Hong T. Nguyen acknowledged during the trial
that Balderas caused his niece's death by hitting her, but denied that
he sexually abused the girl.
“Michael Balderas spanked his niece and that spanking resulted in her
death,” Nguyen said. “But one thing is clear. He did not – he never did
– sexually molest her.”
Balderas took custody of Jo Jade in October 2005 after the girl's
parents went to federal prison in Texas on drug charges, even though he
was unemployed and living with his girlfriend.
In January 2006, Balderas brought Jo Jade back to California and moved into a townhome in Cypress.
Two months later – on March 30, 2006 – Jo Jade was dead.

http://www.ocregister.com/news/balderas-285575-jade-girl.html?nstrack=sid:1007685|met:102300|cat:0|order:4

Posters note: The people responsible for the decision to place this dear little girl with this unemployed man and his girlfriend should be charged as well IMO. There are stupid decisions, then there are downright criminal ones.

SoCal man gets 25 years to life for niece's murder

SANTA ANA, Calif.—An Orange County man has been sentenced to 25 years to life in prison for the 2006 beating death of his 2-year-old niece.

A Superior Court judge handed down the sentence for Michael Balderas on Tuesday.

The 33-year-old Cypress man was convicted of second-degree murder last month for killing the girl by repeatedly beating her with his hand and belt. He was also found guilty of felony child assault causing death.

Prosecutors say Balderas was angry at the girl because of potty training problems on the day she died.

Prosecutors say Balderas became the sole caretaker of the toddler while his sister and the child's father were preparing to serve a federal prison sentence in Texas.
http://www.mercurynews.com/news/ci_17459929?nclick_check=1