Child-abuse reporting may toughen

SANTA FE (KRQE) - Shocking is not really a strong enough word to describe the case of baby Brianna, the 5-month-old Las Cruces girl beaten, raped and killed by family members while other relatives said nothing.

Two family members who knew what was happening and did not report it were later sentenced to 30 days in jail. The maximum sentence for the misdemeanor was one year.

With the Legislature convening next week state Sen. Mary Jane Garcia, D-Doña Ana, said she will press to make failure to report by a family member a felony punishable by up to three years in prison if the child dies.

Evidence of the crimes was all over Brianna's tiny body.

Brianna's grandmother Patricia Walters and uncle Robert Walters never reported the abuse. They never stepped in to try to save her from Brianna's mother Stephanie, her uncle Steven and her father Andrew who tortured her throughout her very short life.

When KRQE News 13 reported on the Baby Brianna case in July, Garcia said she would work to increase the penalty. The details of the horrific crime prompted a public response.

"The public outcry is there," Garcia said.

Under Senator Garcia's bill family members who fail to report child abuse are in a class of their own. If the child lives it will be a fourth degree felony punishable by up to 18 months in prison.

If the child dies they could go to prison for three years.

Garcia has already been successful in changing the law for people who kill children through abuse. When Brianna's parents and uncle were sentenced life was not an option, but now it is.

Garcia said her proposed law would only apply to family members, not to teachers, counselors, physicians or anyone else who works with children.

But it still could be a tough sell, she said.

"I'll give it my best shot," Garcia said. "My bills always end up being controversial because I'm always trying to do what I feel is right for families, for children.

"Children are voiceless; they're defenseless. We need to do everything in our power to protect them."

Garcia said she will meet with district attorneys next week to get their input on the bill.