Tuesday, December 1, 2015

Ultimate Parenting FAIL! A California Mother is Convicted of Murder for "Cooking" her 2 Month Old Daughter in the Microwave Oven for up to 5 Minutes ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Meet 34 y/o Ka Yang, a mother from sunny Cal-i-forn-I-A.  That's her 2011 Sacramento Police Department mug shot below...

Yang was arrested and charged with 1st degree murder in connection with the death of her two (2) month old daughter named Mirabelle (pictured below) which occurred on March 17th, 2011.

At the time Yang, already a mother of four (4), first told both family members and later detectives that she had been holding her daughter when she lost consciousness while working at the computer.  Yang said that she woke up on the ground and found an injured Mirabelle next to a nearby space heater.  Investigators were immediately suspicious as they saw that that Mirabelle had burns covering sixty percent (60%) of her body,  literally from head to toe, yet her pajamas and hair were not even singed.    

When detectives pointed out the inconsistencies in her story Yang acknowledged that she had lied, stating that she "might have a split personality".  


And, apart from the un-burnt clothing what were those inconsistencies?  Wellllllll, let's start with the pacifier that they discovered inside of the microwave...
Yang's attorney Linda Parisi reportedly argued to the jury that her client has long suffered from epilepsy, that she did not deliberately kill her daughter, that Yang had suffered an epileptic seizure and was in a post-seizure state of unconsciousness known as the "postictal state" (which is a state of mind that often follows a seizure and in which "confusion, agitation and unresponsiveness" are common effects) when she placed her daughter in the microwave.  

The government, on the other hand, argued that Yang had lied to the cops about what happened to her daughter and that the autopsy proved that the child had literally been "cooked" in the microwave for somewhere between two and a half to five (2.5 - 5) minutes. 

Not unsurprisingly the jury rejected Yang's defense, finding her guilty of 1st degree murder, she now faces 26 years to life in prison and she will be formally sentenced in December.  The three (3) remaining kids have been placed with family members. 

Memo to the Folks:  1)  Parenthood is both a privilege and a responsibility.

Memo to the Folks continued:  2)  We, criminal defense lawyers, do not have occasion to manipulate the facts and circumstances of a case or crime scene.  We are stuck with them as they come to us.  Accordingly we are limited to playing the hand that we are dealt, and, sometimes, that hand sucks.  Although the crime is, presumably, complete by the time that the cops arrive, you - the subject, target, accused - can make it either better or worse (for yourself and for your lawyer) depending upon your choice to engage the cops in the moment.  Thus, if you ever find yourself confronted by cops with a dead burned baby at your feet (or, perhaps less dramatically but nonetheless if you are being questioned by the cops about a criminal act) then please, pretty please, with a cherry on top, STFU.... INVOKE... LAWYER UP.... DO NOT TRY TO EXPLAIN THE SITUATION OR YOURSELF... LET YOUR LAWYER DO THAT FOR YOU at the right time, in the right place and in a coherent, intelligent and well-thought out manner.

Memo to the Folks continued:  3)  If you lock us into a defense (like Yang did here by telling the cops that the baby was burned by a nearby space heater when she suffered a seizure and then that she had a split personality) then you are (and your lawyer is) most likely going to be stuck with that defense in court.  This is called handicapping yourself, and it is the exact opposite of what you want to do in a criminal courtroom.  Again, you can help both yourself and your lawyer by choosing to STFU.... INVOKE... LAWYER UP.... DO NOT TRY TO EXPLAIN THE SITUATION OR YOURSELF... LET YOUR LAWYER DO THAT FOR YOU at the right time, in the right place and in a coherent, intelligent and well-thought out manner.

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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