6-year-old a key witness in case against mother

Kim Smith

Wednesday, Jan. 2, 2002 | 9:49 a.m.

Six-year-old Sylvia Deande may not take the stand against her mother later this month, but jurors will still hear her describe how the woman allegedly beat her 5-year-old stepsister to death, a judge ruled Monday.

Martha Flores, 27, is scheduled to go to trial Jan. 14 on a single count of murder by child abuse in connection with the death of her stepdaughter, Zoraida Flores.

Prosecutors believe one of the key pieces of evidence against Flores are statements Sylvia made to authorities shortly after Zoraida died, Jan. 28, 2001.

The child told police that her mother struck her stepsister in the head while arguing with her about taking a shower. She said Zoraida then hit her head on the bathroom door, fell to the floor and didn't get up.

Sylvia also reportedly said her mother told her not to tell anyone what had happened.

Martha Flores told police she found the child unconscious in her bed after her husband left for work.

An autopsy revealed Zoraida died of head injuries, but that she also had multiple bruises of varying ages over her body.

Chief Deputy District Attorney Doug Herndon Monday asked District Judge Joseph Bonaventure for permission to admit Sylvia's statements into evidence during Flores' trial.

Because Sylvia is so traumatized over witnessing the event and putting her mother in jail, she will no longer discuss the events of that day, Herndon said.

Flores' attorney, Joseph Scalia, said it is more likely Sylvia isn't speaking because she was coaxed into lying about her mother and doesn't want to lie anymore.

Bonaventure ruled the statements can be admitted into evidence. He does, however, want to hear what the girl would say on the stand. She will be brought into the courtroom during the trial, but without the jury being present. A decision will then be made as to whether she will testify before the jury.

It isn't the first time such a youthful witness has become an key part of a murder case. A videotaped statement taken from a 4-year-old girl helped put Vernell Evans and Richard Powell behind bars for the 1992 murders of four people.

The girl knew Evans as "Uncle Ray" and described Powell's "scary eyes" to police.