A 19 year old Anaheim woman was arrested on Christmas Eve for murder, after police found her baby in a Stanton trash bin.
Juana Perez Valencia faces a maximum sentence of 25 years to life in state prison if convicted of the murder charge. Orange County investigators say that they believe Valencia gave birth to the baby girl in the bathroom of Sombreros, a Mexican restaurant where Valencia works. After an autopsy, investigators concluded that the baby was alive when she was left in the trash bin.
Valencia was taken into custody last week, where prosecutors are requesting that Valencia be held in leiu of $1 million bail. She is scheduled to be arraigned at 9 a.m. Tuesday in Central Justice Center in Santa Ana.
Under California's Safe Surrender Baby Law, parents with lawful custody of an infant can legally turn over the baby to any hospital, fire station or "designated Safe Surrender site" as long as the infant is three days old or younger. The person can surrender the baby with no questions asked, where the parent can avoid the fear of an arrest. The purpose of such a law is to protect babies from being hurt or killed because of abandonment.
It's unclear whether Valencia knew of the Surrender Baby Law, but a criminal lawyer in Los Angeles or Orange County might be able to use this law as a form of defense.
- Woman Accused of Dumping Baby Worked in Restaurant (The Orange County Register)
- Dead Baby's Mother Arrested For Murder (ABC News)
- Safely Surrendered Baby Law (County of Los Angeles)
- Criminal lawyers in Los Angeles (FindLaw)
