People v. Munoz CA4/2

STATEMENT OF FACTS

A. The Prosecution Case.

1. The baby’s initial health.

Defendant lived with her husband and children in Perris. She had a four-year old,

a two-year-old, and a one-year-old. Her husband worked long hours; he was home only

between 7:00 p.m. and 4:00 a.m.

On May 19, 2016, defendant gave birth to a fourth child, a girl. The baby was

admitted to the Neonatal Intensive Care Unit (NICU) for observation because “she had

hyperirritability, [an] exaggerated startle response, disorganized nibbling, [and a] very

high pitched cry,” plus she was arching her back. These could be symptoms of neonatal

abstinence syndrome, i.e., drug withdrawal. They could also be symptoms of a

neurological problem. However, drug testing of the baby was negative. Brain and bone

scans showed nothing remarkable. After a few days, “[t]he problem was resolved,” “the

baby was fine,” and she was released from the hospital.

3 On May 27, when the baby was eight days old, a pediatrician saw her for her

newborn checkup. The pediatrician examined the baby “from head to toe” and found that

she was “completely healthy.”

On June 20, when the baby was four weeks old, the same…