Self-incriminating statements made by a woman facing manslaughter charges in a hit-and-run accident that killed a Baltimore County toddler can be used as evidence against her, a judge ruled Thursday.
The trial, originally scheduled for this week, was postponed until September after the prosecution offered Lazara Arellano de Hogue, 40, a 20-year sentence if she pleads guilty to vehicular manslaughter and felony hit-and-run charges. She could face a maximum of 25 years in prison if convicted at trial.
Prosecutor Alan Webster said de Hogue?s defense did not indicate if she will accept the offer, which he said he discussed with the family of 3-year-old Elijah Cozart, the victim.
“They were satisfied with it,” Webster said. “Obviously they want things to be done sooner than later.”
De Hogue admitted to police that she was in a hurry to get home Dec. 1, 2006, when she slammed her pickup into 55-year-old Marjorie Thomas and a baby stroller holding her grandson Cozart at a busy Goucher Boulevard intersection, dragging the child nearly one mile as she sped to her apartment. Thomas was injured but survived.
Baltimore County Circuit Judge John Hennegan rejected defense attorney Ricardo Zwaig?s arguments that de Hogue?s statements should be thrown out because she hadn?t been given her Miranda rights yet. Hennegan said Miranda rights were not legally required when a suspect blurts out a confession before being arrested.
Zwaig also took issue with Officer Manuel Rios? Spanish translation of de Hogue?s waiver of her Miranda rights prior to interrogation. Hennegan said he was confident de Hogue, a Mexican immigrant who reads and writes at a fourth-grade level, understood them.
The ruling was a victory for the Cozart family ? who wore buttons bearing Elijah?s picture ? and Rios, who said the case is prompting the police department to address issues with non-English-speaking suspects to avoid similar issues in the future.
“This has been a learning experience forme and this agency,” Rios said. “There are some changes we could make and hopefully this will by a catalyst for that.”
