Palolo mom is indicted
in attempt to kill son
An Oahu grand jury has indicted a Palolo woman for allegedly trying to drown her 9-year-old son in the bathtub on July 29.
Marlene Mexia, 45, was charged with one count of attempted second-degree murder yesterday, an offense punishable by life in prison with the possibility of parole.
Mexia allegedly called 911 that morning saying she had drowned her son. The boy was still in the tub when police arrived, according to court documents. He was pale, with what appeared to be red marks around his neck, and his breathing was strained, the documents said. According to family members, the boy has since recovered; he was expected to be released from Kapiolani Medical Center yesterday.
Mexia's attorney, Victor Bakke, said he was not surprised she was indicted because prosecutors had said that was their intention. He asked Circuit Judge Richard Marshall on Wednesday to stop prosecutors from doing so, saying it was illegal since Marshall had earlier put off a preliminary hearing and ordered Mexia to undergo a mental examination.
In his motion, Bakke asked that the grand jury proceedings be put off until Oct. 30, when a panel of doctors is expected to report back on Mexia's fitness to proceed and her state of mind at the time of the incident.
Bakke said Mexia will have to be rearrested and booked on the indictment and held in jail until she is transferred to Circuit Court for arraignment.
Deputy Prosecutor Dan Oyasato declined comment.
Oyasato told the court on Monday that state Child Protective Services had indicated to him that it expects to file a petition with Family Court to place the boy in foster care upon his release from the hospital. Bakke said CPS has since told him it will allow the boy to return home to his father, but that decision is subject to further review.
