San Mateo County District Attorney no longer seeking death penalty for baby’s murder

Daniel Contreras, 32, is accused of the August 2015 crime and on Tuesday, Wagstaffe said he made the decision after hearing arguments from the defense about his mental health and upbringing. Wagstaffe also said the changes in public attitude toward the death penalty factored into his decision to instead ask for life in prison with no possibility of parole.

“I think the views on the death penalty here in California, and specifically with me, are evolving,” Wagstaffe said.

Wagstaffe said he still believes there are specific circumstances to consider the death penalty. However, he has seen a shift in the Bay Area the past few years around the circumstances of when to ask for the death penalty. The prosecution had previously announced in January of 2018 it would seek the death penalty in the case based on the facts of the crime and its horrific nature.

According to the District Attorney’s Office, Contreras was watching the 17-month-old baby when he allegedly sexually molested her. The baby was the daughter of his girlfriend. The baby girl would not stop crying, and so Contreras allegedly beat her to death, causing several skull fractures, the DA’s office said. He then called his mother and aunt and lied about the girl falling off a changing table, but an autopsy contradicted his story, the DA’s office said.

Wagstaffe said the defense for Contreras presented hundreds of pages of materials to provide a mental health analysis. Wagstaffe said the presentation showed Contreras had mental health issues, which Wagstaffe took into consideration. The presentation also offered more details on his upbringing and background. Wagstaffe said Contreras had expressed remorse for his alleged crimes. Wagstaffe also talked with authorities involved in the investigation and his staff to assess the case before making the final decision. Wagstaffe made the decision not to seek the death penalty on Monday.

“The defense attorney did an excellent job of presenting a different picture of who this man is. It made a difference,” Wagstaffe said.

Attorneys Peter Arian and Scott Sherman represent Contreras and took the case over from a previous defense team. Sherman said their team put in time and effort to develop the presentation to the DA’s office that helped persuade it not to seek the death penalty. While Sherman declined to provide specifics on the presentation, he said their team studied Contreras’ background to provide more information to show he was more than the alleged offenses. Sherman said it is often hard to persuade the DA’s office to change its decision. He thanked the DA’s office for reconsidering its original decision.

“We appreciate the District Attorney’s Office being willing to take another look at this case,” Sherman said.

Sherman declined to go into specifics about what his team’s plans are moving forward with the case. The case is scheduled to go to a jury trial on March 9, 2021, with Judge Robert Foiles.

curtis@smdailyjournal.com

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