Parents of dead girl call 90-day term just

KAITLYN: The Corona woman who left the baby in a minivan is sentenced. The death inspired a law.

06/26/2002

By JOHN WELSH
THE PRESS-ENTERPRISE

RIVERSIDE - Kaitlyn Russell's 6-month-old body was wrapped in a pink blanket. No laughter or smiles. No cries. No movement.

Tammy Russell collapsed when she saw her lifeless daughter in a Riverside hospital emergency room almost two years ago. Kaitlyn's baby sitter had left her alone in a minivan for more than two hours on a simmering August day.

Riverside County Superior Court Judge Ronald L. Taylor on Tuesday morning sentenced Kaitlyn's baby sitter, Sue Ann Calderon of Corona, to 90 days in jail in connection with Kaitlyn's death on Aug. 15, 2000.

The Russell family said the sentence was just.

"Many days I find myself in that van imagining what my sweet little baby had to endure," Tammy Russell said. "I envision my baby waking up hot and sweating, letting out a little cry saying, 'I'm hot. I'm thirsty. Please take me out of my car seat.' "

Taylor ordered Calderon, a 37-year-old wife and mother of three, to return July 3 to begin her sentence in a Riverside County jail. She had been out on $25,000 bail since late 2000.

Her felony convictions of involuntary manslaughter and child endangerment also carry a sentence of 200 hours of community service and three years of supervised probation.

"I know you trusted me and I failed that day, and I am so sorry," Calderon told Tammy Russell and her husband, Colin, in the courtroom.

Tammy Russell wore an ankle-length black dress with flowered trim and Colin Russell wore an olive suit, the same clothes the Corona couple wore at their daughter's funeral.

Calderon, wearing a white top, light blue skirt and a heart necklace, shook and stuttered as she spoke.

"I am very sorry," she said. "I hope God will keep you in his care, and I am so, so sorry."

Crusade for Kaitlyn

Tammy Russell turned Kaitlyn's death into a cause to educate others about the dangers of leaving children unattended inside cars. She started a nonprofit organization called 4 R Kids Sake -- (www.4rkidssake.org -- to warn about the dangers.

Kaitlyn's death also sparked a California law named in her honor that makes it illegal to leave a child age 6 or younger unattended in a car. Kaitlyn's Law took effect in January. The Russells met Calderon through Tammy Russell's mother and stepfather, Laura and Ron Petersen, who live next door to the Calderon family. Calderon was hired as a part-time sitter.

On Aug. 15, 2000, Calderon left Kaitlyn inside her silver Chevrolet Venture while visiting a church acquaintance's home in the 20200 block of Lakeridge Drive overlooking Lake Mathews. If the case had gone to trial and Calderon were convicted, she could have faced up to four years in state prison, said Deputy District Attorney Deena Bennett, who kept a portrait of Kaitlyn inside her office. Prosecutors supported the family's view that Calderon should face 30 days for every hour Kaitlyn was left alone inside the minivan, estimated at between two and three hours.

Calderon accepted the judge's ruling, although last month, she had entered a plea arrangement with him for a 30-day jail sentence. The Riverside County Probation Department requested a 90-day sentence, and the judge agreed.

"While (Calderon) said she believed she was alone when she arrived at the . . . home, it is far more reasonable to believe she left Kaitlyn in the car to sleep, and intended to check on her later and simply lost track of time and forgot," a probation report said.

Don Inskeep, a Riverside lawyer representing Calderon, agreed to the judge's decision.

Dave and Sue Ann Calderon declined comment as they walked past news reporters along the fourth-floor corridor of the courthouse.

Tammy Russell's prepared statement brought tears to almost everyone inside the courtroom. She talked about the events of Aug. 15, 2000, and what Kaitlyn must have been feeling.

"When no one responded, she began crying, which turned into a scream, face beet red with tears pouring out of her beautiful blue eyes, her little body fighting against the straps of the car seat," she said.

"As the temperature in the van rose to at least 130 degrees, she became dehydrated and confused. Her body, no longer able to cool itself, began shutting down, organ by organ. At some point, she convulsed and started foaming at the mouth. She then suffered respiratory arrest and died."

Reach John Welsh at (909) 737-1366 or jwelsh@pe.com