Couple guilty in A Palolo woman and her former boyfriend were found guilty of reckless manslaughter for failing to seek timely medical care for the woman's 2-year-old girl in 1994.
tot’s death
Dorothy Faufata and David
Martinez face 10 years for the
death of Faufata's daughterBy Debra Barayuga
dbarayuga@starbulletin.comDorothy Marie Faufata and David Martinez both face 10 years' imprisonment when sentenced Sept. 19.
Natasha Faufata died of swelling to the brain caused by loss of oxygen on March 21, 1994, three days after she was admitted to Kapiolani Hospital.
Martinez claimed the child had choked on a doughnut while she was with him at his repair shop and collapsed between 4:30 and 4:45 p.m. March 18.
He tried to revive her, but when he realized it wasn't working, he rushed her immediately to the Palolo Fire Station down the road for help.
In a ruling yesterday, Circuit Judge Michael Town said there was insufficient evidence that either Faufata or Martinez was guilty of commission -- causing the fatal injury that resulted in Natasha's death -- because there were many people who had access to her earlier that day. The tot had spent most of her day with her mother at a nearby home playing with the neighborhood children.
But Town found that based on "credible medical evidence" and the condition of Natasha's brain after she was admitted to the hospital about 5:17 p.m., she would have stopped breathing or exhibited signs of distress for at least three hours earlier.
"It was clear Natasha did not choke or lose consciousness at 4:30 or 4:45 p.m., but suffocated or was suffocated hours before," Town said. "Natasha's injury was inflicted, but it's certainly not clear who smothered the child."
He noted the "alarming" number and severity of other injuries Natasha had when admitted to the hospital.
She had cigarette burns on her hands and arm, healed cigarette burns on her feet and a fracture of the left arm that was about seven to 10 days old. She also had bruises to her forehead, temple and other parts of her body.It was interesting that Faufata had taken Natasha to the doctor regularly for well-baby checkups as recently as March 13, Town said.
Faufata and Martinez denied hurting or suffocating Natasha. Both acknowledge noticing the cigarette burns on her forearms but characterized them as blisters, and denied noticing that Natasha had been favoring her left arm, Town noted.
The couple attributed her bruises to various incidents, including hitting her head on the dashboard of Martinez's van and falling from a low bed or her tricycle. Martinez indicated that the burns could have come from cigarettes he smoked or a welding machine at his shop.
"His statement and that of Dorothy Faufata was simply not credible or consistent with medical evidence," Town said.
Both defense attorneys say they expect to appeal.
Todd Eddins, Martinez's public defender, said he was dismayed at the judge's ruling because the analysis pointed to an acquittal.
Chester Kanai, attorney for Faufata, said they are relieved she was not convicted of the more serious charge of second-degree murder but will be reviewing whether one can be found "reckless" for failing to seek timely medical care.
Martinez will remain in prison pending sentencing, unable to post $100,000 bail.
Town ordered Faufata, who has been on supervised release, to prison and set bail at $100,000.