A California mother who police say killed her daughter during an exorcism says the case against her should be thrown out because of systemic racism.
Claudia Elisa Hernandez, 29, along with two other family members, faces a charge of felony assault on a child causing death, KRON reported. Arely Naomi Proctor, 3, died on a church altar in 2021 with a myriad of physical injuries.
Hernandez, through her attorneys, has now asked that the slow-moving case against her be thrown out under California's Racial Justice Act (RJA), KRON reported. The motion accuses police and prosecutors of systemic bias toward the defendants based on their religious faith, ethnic identity, and national origin.
According to KRON, Arely's mother, uncle, Rene "Aaron" Hernandez Santos, and grandfather, Rene Trigueros Hernandez, told police that the little girl was "possessed" and they were attempted to cast out a "demon" through prayer.
The defendants face 25 years-to-life in prison if convicted. The defendants have pleaded not guilty and remain in jail with no bond.
The motion to dismiss charges states that the exorcism was "a genuine effort at faith healing, with no ulterior criminal motive," KRON reported.
The station reported that the motion describes the three defendants as being devout in their religious beliefs, noting that Rene Trigueros Hernandez was a pastor for Iglesia Evangelica Apostoles y Profetas at the time of the girl's death.
According to the motion cited by KRON, this was not his first exorcism: "As an adult preaching ... he witnessed instances of possession, including a woman who had gone to the United States, had a spell cast on her, and came back possessed. Rene was one of 12 men who conducted a prayer ceremony to liberate her. At the end of six hours of prayer, a crocodile, 12 to 18 inches in length, emerged from her, was caught, and was burned."
Prosecutors contend that the trio forcibly grabbed the girl, held her down, and strangled her to expel the "demon." A hearing on the RJA motion is scheduled for Jan. 22.
