Baby sitter found guilty
for girl’s 1997 death
Medical and autopsy reports may never fully explain to Jocelyn Canencia what caused her 16-month-old daughter's death in 1997.
But the reports about the severe brain injuries Karie Canencia suffered were likely what resulted in a guilty verdict yesterday against baby sitter Earlily Aganon, prosecution and defense attorneys say.
Circuit Judge Karl Sakamoto found Aganon guilty of second-degree murder yesterday following a retrial. He said she knowingly and intentionally caused the baby's injuries on Oct. 21, 1997, "by blunt trauma to the head," resulting in her death four days later.
Sakamoto said he also considered Aganon's failure to call 911 as soon as she saw the child was in trouble and deceptive comments she made to the parents later.
Aganon faces life with the possibility of parole, with a mandatory minimum of 15 years, when sentenced Sept. 30. Sakamoto, at the request of prosecutors, revoked Aganon's bail and ordered her held pending sentencing.
Medical experts had testified at trial that after such a young child sustains severe injuries, the child would immediately begin exhibiting symptoms, including shortness of breath, seizures and unconsciousness, said Deputy Prosecutor Glenn Kim.
Michael Green, Aganon's attorney, said Aganon, who had no medical training, did not believe at the time that the child was in danger of dying. "Basically, what she saw was labored breathing," he said. Aganon denied causing the baby's injuries.
Kim said the baby likely sustained the injuries from having her head bashed on the floor.
The Hawaii Supreme Court overturned Aganon's first conviction in December 2001, ruling that jury instructions and the judge's response to a question from jurors were erroneous.
Kim said the parents' suffering has been compounded by having to go through trial a second time, but they have told him that more than anything, all they wanted to know was what happened to their baby.
"They'd like her to tell them what happened, which of course she's never going to do," Kim said. "They just have to live with that and the guilty verdict."