One juror excused, two more in question as Baby Favi trial begins in Las Cruces

Two narratives emerged Monday about what happened to 2-year-old Faviola Rodriguez after prosecutors and defense attorneys presented opening arguments in the Baby Favi trial.

The first involves a man beating a toddler to death and waiting nearly an hour before calling for help. The second involves the same man responding to a freak accident before being railroaded into almost five years of prosecution.

But the first day of the trial also ended with questions about its future. After an afternoon of testimony, the judge excused one juror after she revealed a personal connection to the toddler's father. Two other jurors said they may be unable to continue because of other commitments. If the trial has less than 12 jurors, it can't continue.

"I guess we can all hold our breath and hope we don't lose anyone else," said Judge James Waylon Counts at the outset of day one.

The trial is to determine whether Lalo Anthony Castrillo IV is guilty of intentional abuse of a child resulting in the death of Faviola Rodriguez. If convicted, Castrillo could face life in prison. It has been nearly five years since Baby Favi, as the community has come to know her, died on Sept. 5, 2018. But in that time, several factors led to a 51-month delay before the case could reach a jury.

Here's what you need to know about opening arguments and the jury.

One juror is out. Two more are in question

Before the trial began, Counts told defense attorney Jose Coronado and prosecutor Saul Guardiola about a few issues with the jury. First, Counts said a juror had a prior engagement that prevented him from participating after Friday. Coronado and Guardiola said they didn't anticipate that being an issue since the trial should conclude before then.

But the second juror issue required more thought. The juror told the court she would have difficulty finding a caretaker for her young child. She said she may have to bring the child to court. But after hearing about her situation, Guardiola and Coronado said they saw no reason the woman could not participate. It's unclear how this situation will affect Tuesday's proceedings.

Then, after testimony, the bailiff informed Counts that a third juror raised an issue. The juror said she had a connection with Baby Favi's biological father's mother. And that relationship, she added, was significant to her. She told the court she couldn't be impartial or fair because of the connection and asked to be excused. Counts then excused her, leaving 12 jurors and one alternate left.

Prosecutor's opening remarks

Guardiola painted an emotional and heart-wrenching picture in his opening remarks to the jury.

Guardiola told the jury that witnesses – such as Baby Favi's family, first responders and police – would testify about her bruise-covered body. He said medical professionals who examined Favi's body would confirm she died of homicide and not an accident, and that the only person with the 2-year-old that night was Castrillo.

But the evidence, Guardiola said, would also prove Castrillo tried to sell police a misleading story about being asleep when the girl died. Instead, Guardiola said that Castrillo was awake and searching the internet. Guardiola added that those searches were "incredibly telling."

Defense opening remarks

And, where Guardiola took a more passionate tone, Coronado appealed to the jury's reason.

He told the jury that the story was more complex than Guardiola's version. Instead, nuanced evidence would show Castrillo was not at fault, Coronado said. For example, he said the bruises did not come from a vicious attack but from life-saving efforts that ultimately failed.

Additionally, Baby Favi also did not die from violence, Coronado said. Instead, she succumbed to a subdural hematoma, a medical incident where blood pools on top of the brain, injuries he said she suffered not from abuse but from the regular activity of a hyper toddler.

Lastly, Coronado cast doubt on the initial medical examiner's review, which ruled Favi's death a homicide. He said that corrections to the report made two years after the initial examination showed the medical examiner did a poor job. Coronado promised the jury they'd hear a second opinion from a private medical examiner flying to Las Cruces from Georgia.

Baby Favi's mother, Saundra Gonzales, takes the stand

The bulk of the afternoon was taken up by Saundra Gonzales' testimony. In all, Gonzales testified for over two hours as she answered questions about her relationship with Castrillo, Baby Favi's health, and the night of her death.

She said she and Castrillo began their relationship in January 2018. Both Castrillo and Gonzales were in their early twenties when they started dating. Castrillo worked as a promoter for his father's club, and Gonzales moved between different jobs but settled on a job working at a Las Cruces convenience store. They moved in together in the spring of 2018 in an apartment on the northern side of Las Cruces.

Gonzales said that she and Castrillo would argue but did not characterize the fights beyond that. However, one topic she and Castrillo fought over was Baby Favi.

Gonzales told the jury that Castrillo took issue with Favi sleeping in their bed. Gonzales also said that Castrillo got upset about Gonzales' father wanting to stay over and help take care of Favi "because he was paying for an apartment for us and not my dad," Gonzales said. Gonzales yielded and asked her father, who'd been one of Baby Favi's primary caretakers to that point, to leave.

She said that Castrillo once disciplined Favi by hitting her hand. But she told Castrillo that wasn't acceptable, and he did not do it again. Sometimes, however, Gonzales said she saw Castrillo yelling at Favi.

Sept. 5, 2018, was to be the first night Castrillo babysat Favi. Gonzales' job at the convenience store required her to work until about 2 or 3 a.m. each morning. So, she needed a caretaker for Favi those hours.

Much of the cross-examination involved a discussion of Faviola's health. As a newborn, she had to be placed in the neonatal intensive care unit for about a week before she was released. She also bruised easily, Gonzales said, but had a lot of energy for a young child. Baby Favi was also a talker. Gonzales said she learned a fair bit of vocabulary, more than other toddlers her age, before her death.

Coronado also focused on an incident a few weeks before her death. Baby Favi had fallen at her grandfather's house, leading to a bruise on her head. Coronado also introduced the idea that Favi may have hurt herself at other points in the weeks leading up to her death.

But on the night of her death, Gonzales said Favi made no mention of any injuries. In fact, Favi had been taken to her family doctor that day because she had a cold and congestion. Gonzales also bathed her before going to work. She told the jury there were no bruises or injuries when she left Favi with Castrillo.

What's next?

After Baby Favi’s mother testified for about three hours, the day ended.

Joey Gonzales, Baby Favi's grandfather, is listed as the first to testify on Tuesday. According to court filings, Joey Gonzales will speak about his recollections of that night and how he took Baby Favi to see his nurse practitioner earlier in the day. The nurse practitioner is also expected to testify.

Robert Milks, a records custodian with the Mesilla Valley Regional Dispatch, which operates 911 services in Doña Ana County, will speak on Tuesday. During his testimony, prosecutors will likely play a 911 call Castrillo made the night of Baby Favi's death.

Lastly, Tuesday's trial will also feature testimony from two first responders from the Las Cruces Fire Department. The two first responders will speak about what they saw while transporting Baby Favi to the hospital.

Justin Garcia is a public safety reporter for the Las Cruces Sun-News. He can be reached at JEGarcia@lcsun-news.com.

This article originally appeared on Las Cruces Sun-News: One juror excused, two more in question as Baby Favi trial begins