KAITLYN: The Corona woman who left the baby in a minivan is sentenced. The death inspired a law.
06/26/2002
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