Guam – The Jury is now deliberating following closing arguments this morning in the Negligent Homicide case against Anthony Morcilla.
Morcilla is accused in the death of his 2-year old daughter, Amanda, who died on April 3rd last year, after being left all day, locked-up in the back seat of Morcilla’s pickup in the Superior Court parking lot.
Morcilla, a court probation officer, began that day by dropping his 14 year old son off at Notre Dame, and intending to take Amanda to day care. But, Defense Attorney Curtis Van de Veld argued, Morcilla was rushed, and distracted because he was late for work. Amanda fell asleep in the back and he drove straight to Court and went into work, forgetting his daughter was still in the back seat of his pickup.
“We do not dispute that the day was April 3rd .. or that there was a death of another human being,” said Van de Veld. But he argued, the Prosecution never proved that Morcialla was aware that he had left his daughter in the back of the pickup.
“If they don’t prove awareness, that he knew he was leaving his daughter in the car, then they don’t meet the standard” for conviction, said Van de Veld. “Forgetting is a defense,” he said.
“I ask that based on the law, you return verdicts of not guilty on each of the charges,” said Van de Veld.
Chief Prosecutor Basil O’Mallan countered saying “Anthony Morcilla may be a responsible person most of the time, he failed miserably on April 3rd 2013 … he failed Amanda.”
“Yes people forget things, and people lose their keys and they lose all kinds of things,” said O’Mallan. “But you don’t lose your child. You don’t lose your kid. And your not entitled to foget your kid in a car for 6 hours.”