FRESNO, CA KMJ) – Assemblyman Dr. Joaquin Arambula’s trial will bring his daughter, and doctors to the stand to testify.
Wednesday was the second day at Fresno County Superior Court for the Valley assemblyman, who faces a misdemeanor charge of child-abuse.
Judge Alvin Harrell asked if the two sides wanted to settle before trial begins next week,
The defense and Dr. Arambula told the judge they did not want to take a plea deal.
After a heated back-and-forth from both sides and a Jussie Smolett reference, Judge Harrell denied the defense’s motion to dismiss.
The judge told the defense lawyers, Michael Aed and Margarita Martinez-Baly that there would be calm in his courtroom.
The day was spent determining what evidence and which witnesses will be allowed, including CPS records that the defense said were improperly obtained by Fresno Police.
Defense attorneys Michael Ead and Margarita Martinez-Baly said it was a confidential report from CPS that Fresno police never get without a court order.
In an email sent in February 2019, to Fresno Police Chief Jerry Dyer, DA Lisa Smittcamp said it was in the discovery sent to her office.
Fresno County Assistant District Attorney Steve Wright responded that the law been changed to allow it in 2007.
Wright fired back against the accusation by “so for the defense to sit here and to file in court and blast out in the media that Fresno PD did something improper only because this is a political is hogwash.”
The CPS records were allowed, and tentatively the judge was going to allow other prior family incidents, that the prosecution wants to use to establish previous abuse.
Dr Arambula is accused by the DA’s office of using excessive force to discipline his daughter.
Judge Harrell said the trial is to determine reasonable discipline.
The defense said that the County’s Department of Social Service found there was inconclusive evidence of abuse and chose to return the child to the home soon after.
Another line of defense will be to dispute the credibility of Arambula’s daughter despite Attorney Ead, speaking to reporters afterward, explaining that no father wants to call “his daughter a liar.”
The defense will claim that the alleged victim, considered an exceptionally bright child, was exaggerating in her statements to investigators, and has certain discipline and behavioral issues because of her intelligence and strong-willed nature that they did not want to air like “dirty laundry” in a courtroom.
The 7-year-old will be brought in and familiarized with the court room to determine her competence to be a witness.
Judge Harrell is allowing the defense to bring in Fresno psychologist Dr. Susan Napolitano to testify as to the technique used to discipline what the defense calls the extremely bright child at the center of the case.
In court documents, the child mentions other times she was kicked during an incident by the pool by her father and spankings with a “caveman” stick by her mother.
The Arambula’s said in their statement that they would never hurt their three children.
The judge is allowing the prosecution to have testimony from a pediatric trauma surgeon.
Dr. Allshouse is a medical director specializing in pediatric surgery, critical care medicine and surgery at Valley Children’s Hospital.
He is expected to talk about the child’s alleged injury, an inch-long bruise on the right temple of the 7-year-old’s head.
Assistant District Attorney Wright will try to prove the alleged abuse was likely to produce injury that could have led to a felony.
Judge Harrell dismissed the rest of the family, but will allow Elizabeth Arambula, the child’s mother to testify.
Jury selection is expected to start Friday morning, and possibly continue to Monday.
Opening statements will begin Tuesday or Wednesday of next week.
Click to listen to the reports by KMJ’s Liz Kern:
