Tuesday, March 25, 2003 | 9:49 a.m.
A District Court judge on Monday refused to dismiss murder charges against the Henderson parents whose 1-year-old daughter was found dead in the couple's home in October.
Attorneys for Sophia Mendoza, 20, and Demone Tisdale, 21, argued that the couple should not face second-degree murder charges in the death of Sierra Tisdale because the cause of death had not been determined by the time of the preliminary hearing.
A Clark County pathologist has since ruled that various factors contributed to the child's death, including malnutrition and dehydration.
Special Public Defender Phil Kohn, Mendoza's attorney, said prosecutors hadn't proven the malice necessary to warrant a second-degree murder charge.
"The state hasn't shown the criminal agency required to reach a murder charge," he said. "I realize there is a low threshold of proof in a preliminary hearing. But this is one of the rare cases where the threshold wasn't met."
District Judge Donald Mosley said the cause of death wasn't necessary to warrant a murder charge.
Using what he called a "common sense approach," Mosley said it was reasonable to believe "that much physical abuse could lead to the death of a child."
During the preliminary hearing Dr. Diane Lipscomb testified that when Sierra Tisdale's twin brother, Jacob, arrived at Sunrise Hospital and Medical Center, his heart rate was accelerated, his kidneys were giving out, his genitals had been burned by soiled diapers and he was unresponsive.
She said the baby weighed 12 pounds, compared with the typical weight of toddlers at that age of 20 to 25 pounds.
Mosley said a jury would have to hear the evidence and decide.
Tisdale's attorney, Drew Christensen, said his client could accept negotiations with the state in a hearing scheduled for April 9. Tisdale is being held at the Clark County Detention Center.
Mendoza, who is out of custody on a $150,000 bond, is expected to go to trial in February.
The couple was arrested Oct. 1, 2002, when the children's grandmother visited the home and found Sierra Tisdale dead in a bedroom and Jacob vomiting and having difficulty breathing.
The couple's other three children -- a 3-year-old, a 2-year-old and a 5-month-old -- also showed signs of neglect, police said.
In addition to the murder charge the parents face one count of felony child abuse and neglect and three gross misdemeanor counts of abuse and neglect.
Chief Deputy District Attorney Vickie Monroe said the parents' negligence was obvious.
"Kids at that age don't starve by their own agency," she said. "Their parents were failing to provide what they needed. Then they let the child languish in a room for days before the grandmother called police."
Sierra Tisdale had been dead for two to three days before she was found and her body had been badly bitten by cockroaches, Monroe said.
Monroe said the children's health had been declining over a period of weeks or months.
"This starvation took place over a large period of time," she said. "This wasn't just a weekend thing. When you don't get food or water, the whole body goes into imbalance."
Kohn said the twins were born two months premature and health problems were common.
"My client loves her kids," he said. "I feel bad for everyone involved. But the cause of death is anything but clear."
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