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Additional terms apply. Prosecutors

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in California are trying to

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keep a woman locked up

0:41

after they say she tortured

0:43

and killed her three-year-old daughter

0:45

during an alleged exorcism. We're

0:48

digging into this very bizarre and

0:50

brutal case as the state seeks

0:52

to keep Claudia Hernandez and two

0:54

members of her family away from

0:56

the public. Plus what the defendant

0:58

herself had to say about the

1:00

toddler after her gruesome death. Welcome

1:02

to Sidebar presented by Law and

1:04

Crime. I'm Jesse Weber. Let

1:09

me lay out this story as

1:12

alleged by prosecutors in California. In

1:15

2021, Claudia Hernandez was at a

1:17

makeshift church in the back of a home in

1:19

San Jose, California with her daughter, three-year-old

1:22

Arely Naomi Proctor. According

1:24

to court documents, Hernandez believed that

1:27

Arely was possessed by a demon

1:30

that needed to be cast out through

1:32

an exorcism. No, this is not

1:34

the Daybell case. This is

1:36

unfortunately another one that we're covering

1:39

because Hernandez's father, Renee Hernandez,

1:42

was the pastor of that

1:44

church. And Hernandez and

1:46

her brother, who's also named Renee Hernandez,

1:48

allegedly took Arely to the church on

1:50

September 24, 2021. According

1:53

to court documents, the three family members

1:56

held Arely down for approximately 20 hours.

2:00

torturing her by grabbing her neck,

2:03

torso, back, legs, smothering her,

2:05

holdering her in positions, repeatedly

2:07

trying to force her to

2:09

throw up, all of this

2:11

allegedly to expel the

2:13

demon. And sadly, as a

2:15

result of all this, prosecutors

2:18

say Ireli died, succumbed to her

2:20

injuries. A coroner's

2:22

report determined that Ireli died from asphyxiation

2:24

and had blood in her lungs, that

2:27

she had brain swelling, that she had injuries

2:29

on her neck and inside of her mouth.

2:32

I mean, it doesn't get any more

2:34

horrific than this. But

2:37

here's the thing, the prosecutor has

2:39

said that Hernandez has

2:41

shown zero remorse because

2:43

she still believes she

2:45

did nothing wrong. Now that of

2:47

course begs the question, from a legal point of

2:49

view, could the insanity defense

2:51

be on the table? Now we have talked

2:54

before about how rare

2:56

it is for that to work, obviously, because

2:58

if it were readily available and accessible, defendants

3:00

would constantly use it as a way to

3:02

get out of prison time. But

3:04

here in California, we're talking about whether

3:06

a defendant can show by a preponderance

3:08

of the evidence, more likely than not,

3:10

it's a lower standard, whether he

3:13

or she, at the time of

3:15

the offense, was incapable of knowing

3:17

or understanding the nature and quality of

3:19

what they did and of

3:21

distinguishing between right and wrong. Again,

3:24

a very high bar, but is

3:26

that possibly on the table here? Is that what

3:28

we're talking about? I'm gonna explain why. January

3:31

2022, just days before

3:33

she was arrested, Hernandez

3:35

seemingly posted a video online

3:37

about her daughter. During the

3:39

45-minute video, Hernandez seems

3:41

to recount memories of Ireli from the

3:43

time she was conceived until her death.

3:46

At time, she appears to be holding

3:48

back tears, but then there are other times

3:50

where it almost seems like she

3:53

makes light of what happened. every

4:00

day to not

4:02

having her at all you know it's it's

4:06

so hard it's hard you know

4:08

and and to think that I'm

4:10

not gonna see her grow up you know like how I thought that

4:12

I was gonna see her grow up you know like but

4:19

you know it's okay then it's

4:22

okay because I know

4:24

she's in a better place and God knows when

4:26

he allows these things you know and now

4:30

everybody wants to know what happened to her like

4:32

her the cause of her death and

4:34

then we'll talk to you guys about it you know I

4:36

will but when I'm ready I

4:39

I could sit here and be negative about the

4:41

thing like oh like I wish you could go

4:43

back and this and this and that but it's

4:45

like there is no point of me doing that

4:47

you know because I cannot change what

4:50

is you know it is what it is

4:53

so I've learned

4:55

to think positive you know because it's

4:58

it's it's many reasons why God

5:01

took him okay if

5:03

what prosecutors are alleging is true it

5:06

is an incredibly disturbing reaction to

5:08

the death of your own three-year-old

5:10

child 26 year

5:13

old Hernandez her 20 year old brother

5:15

and her 60 year old father were

5:17

each charged with one felony count of

5:19

assault on a child younger than

5:21

eight causing death the court

5:23

ruled all three will be held without bail until

5:26

their trial and if convicted they each face 25

5:28

years to life in prison now

5:31

as an aside we couldn't confirm why

5:33

the trio were not charged with murder

5:35

where you're talking about potentially life in

5:37

prison perhaps at this point

5:39

in time prosecutors don't believe that the

5:41

case rises to the

5:43

level of an intentional or

5:45

pre-meditated killing maybe that's

5:47

what's going on here but again

5:49

very serious charge with very

5:52

serious consequences hey everybody I

5:54

want to thank Morgan and Morgan for sponsoring

5:56

today's law and crime youtube takeover if you've

5:58

seen our videos you know Morgan