Turlock mother sentenced to 15 years to life in 2-year-old daughter’s death

By Rosalio Ahumada - Modbee.com

December 13, 2013

Brandy Lee Rose Devine stood in court Friday and apologized to her children, especially the 2-year-old daughter who was left alone in a room without water or food for nearly three days before being found dead in her crib.

“I hope they can forgive me one day,” Devine said shortly before she was sentenced to 15 years to life in prison for the death of Stephanie Torres.

The defendant told authorities she smoked methamphetamine with an unknown man in her home while Stephanie, who had cerebral palsy, remained alone in another room that weekend.

A jury last month decided Devine was guilty of second-degree murder in the July 2012 death of her daughter. The jury of six women and six men deliberated for about an hour before they returned to the courtroom with a verdict.

On Friday, Devine also apologized to the rest of her family, several of whom were in the courtroom for the sentencing hearing.

“I accept full responsibility for my actions,” Devine said in court. “I want to apologize to everyone who has been affected by my actions.”

In criminal cases, victims or members of their families are allowed to speak in court before the sentencing. When the prosecutor asked, nobody stood up in court Friday to speak on Stephanie’s behalf or about the impact of her death.

Devine, 26, also was found guilty of committing willful cruelty to a child with an enhancement of inflicting great bodily injury on the child, along with a misdemeanor charge of using meth. For these charges, the defendant received a stayed sentence of 10 years and 90 days. That means she could be ordered to serve that additional time in prison if she is released and violates parole.

Stanislaus Superior Court Judge Dawna Reeves scheduled Devine to be transferred to prison Jan. 3.

In his closing arguments to the jury, Deputy Public Defender Marcus Mumford didn’t contest the child cruelty and meth use charges. But he said his client didn’t know at the time that not feeding her child or giving her water would result in Stephanie’s death.

While Devine acted irresponsibly, Mumford told the jury, her conduct was criminally negligent but not murder.

Deputy District Attorney John R. Mayne told the jurors that the defendant knew her actions could have grave results. He said the child starved to death in a “monstrous” fashion with her mother just a few feet away throughout that weekend.

The prosecutor also told the jury there was plenty of formula for Stephanie in the home, and Devine fed her other three children that weekend, including her infant son. Mayne and Deputy District Attorney Merrill Hoult prosecuted the case against Devine.

Stephanie was prematurely born at 29 weeks and had suffered complications that resulted from a lack of oxygen to the brain. The premature birth resulted in her chronic medical conditions.

Cerebral palsy forced Stephanie to undergo regular occupational therapy to improve her delayed motor skills. She also required a nightly dose of medication.

Pathologist Eugene Carpenter testified in the trial that Stephanie died from dehydration and malnourishment. He said she had not been fed or given anything to drink for several days before she was found dead.

Carpenter also said Stephanie had been dead a day or two when she was discovered in the crib about 12:30 p.m. July 16, 2012, at her family’s duplex in the 1100 block of North Denair Avenue in Turlock.

Even though Stephanie was nearing her third birthday, her body appeared the size of a 1- or 2-year-old in her autopsy, according to the pathologist. He testified the child weighed about 13 pounds and that her eyes were soft and her skin was like red dough, both signs of dehydration. He said her abdomen was caved in so much that her spine was almost visible.

Mother sentenced to 15 years for the murder of her cerebral palsy daughter, 2, who was left to starve during a weekend meth binge

• Stephanie Torres was discovered dead in her crib from dehydration and malnourishment July 16, 2012

• Pathologist said 2-year-old weighed only 13lbs, had skin like red dough from lack of water, and her abdomen was so caved in her spine was nearly visible

• Mother Brandy Lee Rose Devine told police she was smoking meth with a man and thought her 6-year-old son would take care of Stephanie

DailyMail.co.uk

December 13, 2013

A California woman was sentenced today to 15 years behind bars in the death of her 2-year-old disabled daughter who was left alone with no food or water for nearly three days while her mother was getting high.

Standing in court in a red jail garb with her hair slicked back, a noticeably plumper Brandy Lee Rose Devine apologized to her four children, especially to baby Stephanie, who was discovered dead in her crib July 16, 2012.

'I hope they can forgive me one day,' the woman said.

Last month, a jury found Devine, of Turlock, guilty of second-degree murder. She was also convicted on drug counts and cruelty to children.

Devine told authorities she smoked methamphetamine in her home with an unknown man while her daughter remained in a room alone all weekend surrounded by cats.

Deputy District Attorney John Mayne told the jurors Stephanie starved to death in a 'monstrous' fashion, even though there was plenty of baby formula in the house, and the mother fed her other three children that weekend, Modesto Bee reported.

Marcus Mumford, Devine's defense attorney, insisted his client didn't know at the time that not feeding her child or giving her water would result in death and that Devine's conduct was criminally negligent but not murder.

At her sentencing Friday, Devine sounded a markedly different note.

'I accept full responsibility for my actions,' she said. 'I want to apologize to everyone who has been affected by my actions.'

Little Stephanie Torres was delivered prematurely at 29 weeks and suffered severe medical problems, including cerebral palsy.

An autopsy showed that the special-needs child who required constant therapy and medication died from dehydration and malnourishment.

At the time of her death Stephanie was nearing her third birthday, but appeared much smaller when her body was examined by a pathologist.

Dr Eugene Carpenter testified that the toddler weighed only 13lbs and had soft eyes and skin 'like red dough' indicating lack of water.

The victim’s abdomen was caved in to the point that her spine was almost visible through her stomach, according to the medical examiner.

In March, neighbor Lydia Whitworth said in court that when she saw Stephanie’s body in the crib on the afternoon of July 16, the child was grey, and her diaper was filled with urine and excrement.

Around her, the room was permeated with the stench of cat urine, and feces from Devine's multiple pets littered the floor.

The detective who interviewed Devine said that the women told him she had assumed her 6-year-old son was taking care of the 2-year-old special-needs girl while she was busy smoking methamphetamine to make herself feel better.

Turlock mother guilty of smoking meth as toddler starved to death

By Ari Bloomekatz - Los Angeles Times

November 08, 2013

A jury this week found a Stanislaus County mother guilty of second-degree murder after she left her 2-year-old daughter with cerebral palsy alone in a room for days without food or water as she hung out and smoked methamphetamine.

"This is a child who starved to death," Deputy Dist. Atty. John R. Mayne told the jury. "This is a horror movie."

Brandy Lee Rose Devine was found guilty Thursday in the July 2012 death of her daughter, Stephanie Torres, according to the Modesto Bee.

The jury deliberated for just an hour before returning with a verdict.

Devine's attorney had told the jury that they were not contesting the child cruelty and meth charges, but claimed the mother did not know at the time that not feeding her child or giving her water would result in death.

The attorney claimed it was criminally negligent, but not murder.

A pathologist testified during the trial that the girl died of dehydration and malnourishment and that the girl had been dead a day or two before she was discovered.

Occupational therapist says Turlock toddler with cerebral palsy was making progress before she was found dead

By Rosalio Ahumada - Modbee.com

November 5, 2013

TURLOCK — Stephanie Torres was diagnosed with cerebral palsy, a chronic medical condition that significantly limited her ability to move on her own. The little girl couldn’t even tolerate lying on her tummy, an occupational therapist told a jury Tuesday.

After about a year and half of therapy sessions, Stephanie was making progress as she was nearing her third birthday. The toddler had learned to feed herself, she could crawl on the floor and she was able to sit up on her own.

Sharlyn Wenberg, the occupational therapist who helped Stephanie develop those skills, didn’t see the little girl again after their last session in late June 2012. She tried twice without success the following month to find Stephanie and her family at their Turlock home.

Wenberg knocked on the front door of the duplex apartment for the last time between 4 and 5 p.m. July 13, 2012, but nobody answered. She didn’t hear anything inside the home, “just the television.”

Three days later, the 2-year-old girl was found dead inside a crib. A pathologist has said in court that the toddler had not been fed or given anything to drink for several days before she was discovered.

Stephanie’s mother, Brandy Lee Rose Devine, is accused of murder and willful cruelty to a child. Authorities say the mother smoked methamphetamine and left her daughter in a room all weekend without checking on her.

Devine’s trial continued Tuesday with testimony from Wenberg, who works with many children suffering from cerebral palsy. Through regular therapy sessions, she helps the children improve their cognitive, physical and motor skills.

When Wenberg first started working with Stephanie, the child had about a 50 percent delay in the development of her motor skills. Stephanie was 15 months old and didn’t have control of her hands. She couldn’t roll over on her own. She was fearful when her body was moved around. She could drink a bottle but couldn’t hold it on her own. And she couldn’t sit up on her own or lie face down, which enables children to learn how to push themselves up.

Wenberg testified that she conducted 20 to 30 in-home occupational therapy sessions with Stephanie. Each lasted about an hour. The therapist would always bring a small rug and blanket for Stephanie to lie on during the sessions.

“It was often dirty, unswept,” Wenberg said about the living room floor of Devine’s duplex apartment. There were some times, however, when the apartment was clean, she said. There were a few cats in the apartments, and their litter boxes produced a pungent urine odor in the home, according to Wenberg.

During questioning from Devine’s attorney, Wenberg said Devine’s apartment was not the only messy home she has encountered while working with hundreds of clients. She said she liked Devine from the beginning, and it appeared that the mother loved Stephanie and was interested in the child’s progress.

She said Devine initially seemed engaged in her daughter’s therapy. Devine would participate in the sessions before Stephanie became familiar and comfortable with Wenberg.

It later became difficult to reach Devine and schedule appointments. Wenberg testified that Devine’s phone line was sporadically out of service. While the therapy sessions were intended to be weekly, she was able to work with Stephanie only once or twice a month.

One day, Devine asked Wenberg to conduct the therapy at Devine’s mother’s Turlock home because she was going to be visiting. The therapist thought this would be a one-time arrangement, but she eventually conducted six to eight sessions at Stephanie’s grandmother’s home. Devine was not there.

During cross-examination, Wenberg said some parents leave the room during therapy sessions with their children and that there is no requirement for parents to be present. It’s uncommon, however, for parents to miss sessions, she testified.

Stephanie made good progress during the weekly sessions at her grandmother’s home. The little girl still couldn’t grasp anything with her left hand, which remained closed in a fist. But she could feed herself with a spoon with her right hand.

Wenberg told the jury Stephanie could move independently on the floor and was able to form words.

The therapist described Stephanie as “feisty” and said the toddler could be “charming when she wasn’t being challenged.”

But Stephanie’s progress ended in late June 2012. The child’s grandparents had scheduled a trip to Idaho for their vacation, so the sessions had to be moved back to Devine’s home. Wenberg testified that her attempts to conduct further therapy sessions were unsuccessful.

Testimony is expected to continue today in Stanislaus County Superior Court.

Turlock mom will face trial in girl's death

By Rosalio Ahumada - Modbee.com

March 4, 2013

MODESTO — Stephanie Torres had yet to turn 3 years old when she was found lifeless in her crib wearing a pink dress and a soiled, wet diaper. A pathologist testified that the little girl from Turlock had not been fed or given anything to drink for several days before she was discovered.

Stanislaus County Superior Court Judge Dawna Reeves on Monday ruled that there was enough evidence for the toddler's mother, Brandy Lee Rose Devine, to stand trial, accused of murder and willful cruelty to a child in connection with Stephanie's death.

The judge scheduled Devine to return to court March 18 for an arraignment. The defendant remains in custody at the Stanislaus County Jail.

Devine, 25, also will stand trial charged with using methamphetamine and an enhancement alleging that she inflicted great bodily injury on the child.

Deputy District Attorney John R. Mayne and Deputy Public Defender Marcus Mumford have agreed to stipulate that blood taken when Devine was arrested tested positive for meth use within the past 72 hours.

Pathologist Eugene Carpenter testified Monday that the girl had been dead a day or two before she was found in the crib about 12:30 p.m. July 16 at the home in the 1100 block of North Denair Avenue in Turlock.

Carpenter said Stephanie died from dehydration and malnourishment.

He said she had been prematurely born at 29 weeks and had suffered complications that resulted in lack of oxygen to the brain. The premature birth resulted in chronic medical conditions, possibly cerebral palsy.

The pathologist, however, made it clear that the child died as a result of neglect.

"This is an injury to a very sick child," Carpenter testified. "This is not caused by the chronic conditions."

Even though Stephanie was close to her third birthday, Carpenter said the girl's body appeared the size of a 1- or 2-year-old. She weighed about 14 pounds. He said the child's eyes were soft and her skin was like red dough, both signs of lack of water.

Carpenter, who conducted the autopsy, testified that the child's abdomen was caved in, so much that "you could almost see the spine."

A detective testified last week that Devine told him she had put Stephanie in a room the Friday before the Monday when she was found dead and had not opened the door the entire weekend. Devine also told him she smoked meth after feeling ill all weekend.

Grim details emerge in death of Turlock tot

By Patty Guerra - Modbee.com

March 1, 2013

MODESTO — A Turlock woman locked her 2-year-old daughter in a room with five cats and left her there for the weekend while she smoked methamphetamine with a friend, prosecutors allege.

A neighbor and two police officers testified Friday morning in the preliminary hearing of Brandy Lee Rose Devine, who is accused of murder and willful cruelty in the July death of her daughter, Stephanie Torres.

Devine, 25, had four children, ranging from a newborn to 6 years old at the time of the July 16 incident.

Neighbor Lydia Whitworth said Devine's older children often played with Whitworth's granddaughter. They regularly appeared disheveled and dirty and would ask for something to eat.

In Stanislaus County Superior Court on Friday morning, Whitworth broke down and cried when describing the day of July 16, when she heard Devine screaming and went to investigate.

Devine, in a red jail shirt and pants and wearing a long ponytail, stared straight ahead during testimony, her right leg shaking throughout the hearing.

"She goes, 'The baby's dead,' " Whitworth said.

The neighbor said she thought Devine was referring to the infant, a boy. "She said, 'No, the baby.' "

Whitworth went into the back bedroom, where she found Stephanie in a crib.

"She was laying in her crib just straight, with her eyes rolled back in her head," Whitworth said.

When prosecutor John Mayne asked about Stephanie's apparent health, Whitworth answered. "She was dead. She was totally gray. Her diaper was full of poop and urine and it was all on the bed."

Whitworth and police officers Amy Beebe and Justin Williamson, who responded to the case, also described an overwhelming smell in the room.

Beebe, the first responder on site, described it as a "very heavy odor of cat urine."

The prosecution witnesses also said they saw several cats, cat litter and feces in the cluttered room.

Beebe said she took Stephanie out of the crib and laid her on the hallway floor, the only flat surface readily available. She said the little girl was cold, and attempts to perform CPR were unsuccessful. When firefighters arrived they declared the girl dead.

Williamson, the detective assigned to the case, said Devine told him she had put Stephanie in the room the Friday prior to the Monday when she was found and had not opened the door the entire weekend.

The cause of Stephanie's death has not been publicly disclosed.

Williamson said Devine provided food for her other children, but not for Stephanie, who suffered from cerebral palsy.

"She told me she assumed her 6-year-old child was caring for her 2-year-old child," Williamson said.

But the 6-year-old told authorities that Devine wouldn't let her check on Stephanie during the weekend.

Devine also has been charged with the use of methamphetamine and an enhancement alleging that she personally inflicted great bodily injury on the child.

Prior to Friday's hearing, Mayne and defense attorney Marcus Mumford agreed to stipulate that blood taken when Devine was arrested tested positive for methamphetamine use within the past 72 hours.

Williamson said Devine told him she smoked methamphetamine with a man she knew only as "Scott" on Sunday after feeling ill all weekend.

"She thought it would help her wake up and feel better," Williamson said.

Devine's oldest child, who is now 7, is expected to testify when the preliminary hearing resumes Monday. Mumford said he does not plan to call any witnesses.

At the conclusion of the preliminary hearing, Judge Dawna Reeves will determine if there's enough evidence to proceed to trial.

Hearing set for Turlock mom accused of killing 2-year-old daughter

By Rosalio Ahumada - Modbee.com

September 7, 2012

MODESTO — A judge has scheduled a preliminary hearing March 1 for a Turlock mother accused of murder and willful cruelty to a child in connection with the death of her 2-year-old daughter.

Brandy Lee Rose Devine, 25, was arrested July 16 after authorities found her daughter, Stephanie Torres, dead at their home in the 1100 block of North Denair Avenue in Turlock.

The defendant appeared briefly Friday morning in Stanislaus County Superior Court. Judge Dawna Reeves scheduled Devine to return to court Oct. 12 for a pretrial hearing before the March preliminary hearing, when the judge will determine if there's enough evidence to proceed to trial.

Devine also has been charged with use of methamphetamine. She has pleaded not guilty to the charges and remains in custody with her bail set at $1 million.

An enhancement has been added to her charges, alleging that she personally inflicted great bodily injury on the child. If convicted, the enhancement could lengthen a prison sentence.

The criminal complaint alleges that the child's death occurred between July 13 and 16. About 12:30 p.m. July 16, Turlock police responded to the home for a report of a nonresponsive child. When officers arrived, they found the child dead.

Turlock Woman Arrested After Her 2-Year-Old Daughter Dies

Sacramento.CBSlocal.com

July 17, 2012

TURLOCK (CBS13) – A 2-year-old child in Turlock was found dead and her mother was arrested on Monday afternoon and charged with homicide, police said.

Turlock police officers responded to the 1100 block of N. Denair to assist emergency medical personnel after receiving a 911 call from a neighbor of a non-responsive child.

When officers arrived at the residence, the 2-year-old girl was deceased.

The baby’s mother, Brandy Devine, 24, was later interviewed by investigators and was subsequently arrested for homicide, child endangerment and cruelty to a child, police said on Tuesday.

Police said three other children were in the house at the time, a 6-year-old girl, 4-year-old girl and an infant boy. They were taken into protective custody and turned over to Child Protective Services. Police didn’t elaborate on what might have caused the child’s death.

Anyone with information regarding this case is asked to call Detective Justin Williamson at (209) 668-5550 extension 6631.