Two convicted of manslaughter in child's death

By Curtis Lum
Advertiser Staff Writer

A state judge yesterday found a woman and her boyfriend guilty of manslaughter in connection with the death of the woman's 2-year-old daughter in 1994.

From left, David Martinez, Public Defender Todd Eddins, Dorothy Faufata and her attorney Chester Kanai listen as the verdict is delivered. Bruce Asato • The Honolulu Advertiser

Circuit Judge Michael Town yesterday ruled in the nonjury trial that there was not enough evidence to prove that either one of the defendants had caused the injuries that led to Natasha's death. But he ruled that Faufata and Martinez had legal responsibility to seek medical care for the child, but did not do so for at least three hours after she showed signs of illness.

He found the couple guilty of reckless manslaughter by omission.

Town will sentence the two Sept. 19. Each faces a maximum term of 10 years in prison. City Deputy Prosecutor Maurice Arrisgado said Faufata and Martinez were found guilty of a crime that occurred in 1994, two years before the law was changed that stiffened the penalty for a manslaughter conviction to 20 years.

If convicted of murder, the two would have been sentenced to a life term with parole, according to state law.

The couple had told doctors at the hospital that Natasha choked on a doughnut and they sought help immediately after she began choking, according to a police affidavit. But Town said the evidence did not support their claim.

"This child was a battered child," Town said. He added, "The bottom line is that Natasha's injury was inflicted, but it's certainly not clear as to who smothered the child or deprived her of air."

The verdict brought Faufata, and many members of her family in court, to tears. Martinez showed no emotion.

Several family members were angered at the verdict and state sheriffs had to be called to maintain order outside of Judge Town's third-floor courtroom.

Faufata, who was on supervised release, was taken into custody after the verdict was handed down and her bail was set at $100,000. Martinez, who is not Natasha's father, has been in custody, unable to post his $100,000 bail.

Marie Mattos, Faufata's mother, hugged her daughter after the verdict. Mattos described Faufata as a "good mom" and said she didn't know who was responsible for Natasha's death.

"I don't think she would murder her own child, or harm her child," Mattos said. "It hurts to see my daughter spending time (in prison), while she has two children (by Martinez)."

Mattos said she also didn't know if Martinez was responsible, but said, "I never did see David hit my granddaughter."

Deputy Public Defender Todd Eddins, who represented Martinez, said he was "dismayed" by the verdict and will file an appeal. He said Martinez was not responsible for injuring Natasha and did not have a legal duty to seek medical help because Natasha was not his child.

Arrisgado said he was satisfied with the verdicts and said this was a difficult case to try. He added that Martinez had a legal obligation to seek immediate care for Natasha.

"The statute says if you are present at the place of a crime and able to help without jeopardizing yourself, you have a duty to help," Arrisgado said. "He was present and he knew the kid was dying and he should have done something."

Faufata's attorney, Chester Kanai, could not be reached for comment.