A motion hearing to suppress statements Robert Flores made to police shortly after the death of his 4-month-old daughter in December 2007 was partially heard in Las Cruces District Court Friday, but will have to be continued next month.

Twenty-four-year-old Flores, a former Artesia resident, is accused of causing the death of his 4-month-old daughter, Kalynne Flores, in December 2007.

According to court documents, Flores allegedly picked up his daughter from the baby-sitter on the evening of Dec. 5 and purchased beer on his way home. He then allegedly admitted to police that he placed the child in a laundry basket full of clothes so neighbors could not hear her cry and left the residence to purchase more beer.

According to autopsy results, Kalynne Flores died of asphyxiation.

Friday was the second continuation hearing for the same motion and the third continuation date has been set for July 15 in Las Cruces District Court.

The defense filed the motion in an attempt to have the statements Flores made to police regarding the death of Kalynne thrown out.

Las Cruces District Attorney Susana Martinez argued during Friday’s motion hearing that the statements Flores made to police, as well as statements he made at the hospital when he was having his blood drawn shortly after the child’s death, were made freely.

Martinez told the Daily Press this morning that to date, three witnesses have testified at the motion hearings, including two detectives who interviewed Flores as well as Flores’ uncle, who is also a police detective in Las Cruces. During Friday’s motion hearing, the uncle, Oscar Alvarado, testified as a family member and not as a representative of the police department, Martinez said.
“The uncle mostly testified in reference to the defendant being distraught during the time he saw him at the hospital and he also said the defendant didn’t understand what the officers were asking of him,” Martinez told the Daily Press.

The prosecution, however, came back with recorded conversations Flores had with detectives during which Martinez said Flores was “understanding of the requests of the officers” and was aware of what was being asked of him.

Det. Edgar Rosa testified that Flores admitted to getting rid of beer bottles once he realized Kalynne was dead because he knew it would “look bad;” and said Flores didn’t show much emotion by the death of his daughter.
The prosecution plans to call two more Las Cruces police officers to testify during the July 15 motion hearing.
“A jury trial was set for July 13, but that has been vacated because we have not finished the motion hearings yet, and we still have a Daubert motion hearing coming up,” Martinez said.

According to Martinez, the prosecution will use the Daubert hearing to challenge one of the defense’s key witnesses – a psychologist.

“We are challenging the witness, not as to his qualifications, but as to what he intends to testify to if he is called to testify,” Martinez said.

She said they will argue that what the psychologist has to say is irrelevant and they will also scrutinize the reliability of what he has to say.

The motion hearing to suppress Flores’ statements to police is expected to conclude on July 15. Dates for the Daubert motion hearing and the jury trial have not yet been set.

Flores was charged with intentional child abuse resulting in death, which carries a mandatory life sentence. He will be the first person in Doña Ana County to be tried under Brianna’s Law, which was passed by the New Mexico Legislature in 2005 calling for a life sentence for conviction in an intentional child-abuse case where death is the result. He was also charged with felony counts of tampering with evidence.

He posted a $150,000 cash bond shortly after the alleged incident and currently resides in Artesia with his parents pending the outcome of the jury trial.

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