Judge hears motion by defense attorneys to release records
Morgan Hill – A series of pre-trial motions may cause the case of a Morgan Hill couple accused of beating a pregnant woman to be continued yet again.
Charles Peralta, 30, and Nicole Agriesti, 22, are charged with assault causing bodily injury with a special hate crime attachment. Both are free on $100,000 bail.
The pair were in court again Monday for pre-trial motions. Santa Clara County Superior Court Judge Kenneth L. Shapero heard a motion from attorneys to release mental health records for the alleged victim, Xochitl Marina Calderon, 32. He also heard information from defense attorney Mark Arnold and public defender Javier Rios on the drug Paxil, which Calderon was allegedly taking before the alleged attack,
Deputy District Attorney Mark Hood told Shapero he believed the drug information would have to be presented during the trial by an expert under oath.
Shapero will have to hear and make rulings on several pre-trial motions before jury selection can begin. Hood said late Monday he could not predict when the actual trial would begin.
“It all depends on how long we argue,” he said.
The alleged assault took place on July 21, 2005. According to Morgan Hill Police, Calderon told police she was allegedly assaulted by the pair after they allegedly ran over a bag of groceries she left in the parking lot of the Cochrane Village Apartments. Calderon said the pair repeatedly hit her and kicked her, even as she told them she was two months pregnant. She also said they called her a “wetback.”
Defense attorneys for the pair say Calderon was the instigator, and Agriesti was trying to defend herself while Peralta was trying to break up the fight.
The couple face charges of assault causing bodily injury with a hate crime enhancement. The enhancement could add as many as three years to a prison sentence if Agriesti and Peralta are convicted. The assault charge carries a maximum penalty of four years and a fine up to $10,000.
Arnold and Rios said they wanted the information about the prescription drug Paxil, which is used to treat depression, obsessive compulsive behavior, panic, anxiety and post-traumatic stress, to be a part of the trial because it is relevant to the state of mind of the alleged victim at the time of the incident.
Arnold told the court he had spoken with a Stanford medical doctor and psychiatrist, Natalie Rosgon, who agreed to testify during the trial if necessary.
Arnold and Rios had requested the release of Calderon’s mental health records. References to Paxil were found in her medical records, which she released to Morgan Hill Police investigators.
Hood said that an additional waiver should be obtained before mental health records could be released.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
