Santa Ana Mother Accused of Murder with Special Circumstances (CA Penal Code 187-199)

Rabin Nabizadeh
September 17, 2013

For most of the country, dealing with custody battles amidst a divorce is customary.  During the process, the question as to whether children are better off with one parent than the other arises.

Both seemed to have typical problems in regards to the custody of their two children, 13-year-old and 9-year-old (names withheld for privacy). For over a year, he had difficulty seeing his children, as she would not allow it.  However, he was granted full custody of both children recently and expected their mother to return them to him in Georgia, where he now resides. Instead, law enforcement officials found her alone in a crashed car in Orange County this weekend, with no sign of the children anywhere.  As it turns out, she informed officials that her children’s bodies were in a hotel in Santa Ana.

The mother has been charged with murder with special circumstances, or “capital murder” (CA Penal Code 187-199), if convicted, she faces the death penalty.  Yet, the media seems to have focused only on the pain and suffering of the father and not on possibilities for her defense.  Her ex-husband seems to have been an absent father by all accounts, often failing to pay child support payments and spending most of his time at work as a contractor in Afghanistan.  Whatever the dispute between them, in order for prosecutors to successfully convict her of murder with special circumstances, they must be able to prove to a jury that ‘special circumstances’ apply in her case.  These ‘special circumstances’ could be anything from murder via poisoning to multiple murder convictions.  Information has yet to be released regarding the tragic circumstances of the children’s deaths.

 

latest news

October 5, 2022
9 Steps in a Criminal Defense Case

If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]

October 5, 2022
How Much Is a DUI in California?

A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]

October 4, 2022
When Is It Considered Domestic Violence

Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]