Former babysitter guilty in infant's death

By Mike Gordon
Advertiser Staff Writer

Noting the severity of the injuries, a judge in the retrial of a former Salt Lake babysitter yesterday found her guilty of murdering one of the infants in her care.

Circuit Judge Karl Sakamoto, in a jury-waived retrial, ruled that Earlily Aganon was guilty of second-degree murder. The judge said Aganon had caused "substantial and significant" brain injuries to 6-month-old Karie Canencia, who died Oct. 24, 1997.

The prosecution had said the infant's injuries could only have been caused by someone repeatedly slamming the infant's head on the floor or against a wall.

"The injuries caused irreversible harm and led to death," Sakamoto told the defendant. "No medical attention could prevent it."

Sakamoto said his decision also was swayed by "matters of conscience and guilt" because Aganon had not called 911 when she discovered the baby's problems.

A jury had originally found Aganon guilty of the same charge in February 2000. In December 2001, however, the Hawai'i Supreme Court ordered a new trial after finding that the jury had received improper instructions when it sought clarification on a legal point.

City Deputy Prosecutor Glenn Kim yesterday said he will probably seek a minimum of 50 years in prison for Aganon. Second-degree murder convictions carry a mandatory sentence of life with the possibility of parole, but the Hawai'i Paroling Authority will set the minimum time behind bars that Aganon will have to serve before parole is considered.

Aganon, 33, had served about two years of her initial sentence before the high court's ruling, then was freed after posting $100,000 bail. The court revoked bail yesterday.

Aganon is not a U.S. citizen and has family members in the Philippines.

"She knows what is in store for her," Kim told the judge. "She is a flight risk."

The infant's parents, Jocelyn and Randy Canencia, quietly listened to the judge's ruling. They left the courtroom without comment.

"They're relieved and gratified," Kim said. "But of course, nothing will bring the baby back."

Defense attorney Michael Green, who represented Aganon, said he was not surprised by Sakamoto's finding. He said the severity of the infant's injuries convicted his client.

"A jury originally found her guilty in an hour," he said. "Judges are human. It was a fair trial."

Green said his client was "in shock," but probably expected the decision.

Aganon operated an in-home daycare center down the street from the Canencias, who had only employed her services for three weeks when Karie was injured. They had dropped off a healthy Karie, along with her 21-month-old brother, early on the morning of Oct. 21, 1997.

At mid-day, Aganon made two worried calls to the parents within 15 minutes. She told them the child was having trouble breathing.

When the parents arrived to get the baby, they found Aganon in another room and their daughter lying on a mat on the floor, her body stiff, her fists clenched and her eyes rolled back in her head.

The baby was taken to Kapi'olani Medical Center for Women and Children. Three days later, she was declared brain dead.

Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012.