Defense attorneys want to look at alleged victim’s medical
history
Morgan Hill – The judge hearing an assault case on Tuesday continued it until Jan. 17 to give the defense time to request additional information.
Santa Clara County Superior Court Judge Kenneth L. Shapero heard pre-trial motions Monday and Tuesday in a case involving two Morgan Hill residents accused of beating a pregnant woman as they shouted racial slurs.
According to Santa Clara County Deputy District Attorney Mark Hood, who is prosecuting the case, Shapero ruled on Tuesday that the defense could have more time to request information for the case.
Attorneys for Nicole Agriesti, 22, and Charles Peralta, 30, are considering the victim’s alleged past use of the prescription drug Paxil as a possible cause for aggressive and irrational behavior to show a motive for self-defense.
Shapero ruled Tuesday that the alleged victim’s medical records on file with the court are incomplete, and defense attorneys are allowed more time to gather additional information.
Pre-trial motions are set to continue Jan. 17.
The pair entered a plea of “not guilty” on Oct. 25, 2005. They are both free on $100,000 bond.
The alleged assault occurred July 21, 2005, in the parking lot of the Cochrane Village Apartments, where the alleged victim, Xochitl Calderon lives. According to Calderon and witnesses at the scene, she had left a bag of groceries on the pavement in the parking lot as she took other groceries inside. She told police Peralta and Agriesti ran over the bag of groceries in a vehicle Peralta was driving, and when Calderon began yelling at them to give her money for the food, Peralta threw a penny at her and used racial slurs.
Peralta told police Calderon kicked the car on the passenger side, and then he and Agriesti got out of the vehicle.
Calderon and witnesses said the couple, who have been described by Agriesti’s attorney Mark Arnold as being in a “dating relationship,” began beating Calderon, even though she told them she was pregnant. Doctors gave Calderon a grim diagnosis after the attack, but she did not lose her baby. The District Attorney’s office said they would have filed murder charges if the child had died.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
