PC 1172.6 Aiding and Abetting by Not Protecting Child?
On September 14, 2009, the Riverside County District Attorney filed an indictment charging Krissy Lynn Werntz with the second degree murder of Montana H., in violation of Penal Code § 187(a). The indictment also charged Werntz’s husband, Jason Hann, with premeditated murder (Penal Code § 187(a)) and child endangerment under circumstances likely to produce great bodily harm (Penal Code § 273ab(a).
After the case was filed, Ms. Werntz’s case was severed from that of Mr. Hann and proceeded to trial separately.
Montana was born to Ms. Werntz in Lake Havasu in December 2000. Montana passed away on February 10, 2001, in Desert Hot Springs, although her remains would not be found until February 18, 2002. Ms. Werntz and Mr. Hann kept her remains in a plastic bag under the bed in their trailer.
Her remains were found in Arkansas. Ms. Werntz and Mr. Hann had rented a storage unit in Wynne, Arkansas. After rent for the storage unit went unpaid, the storage unit auctioned off the property inside, which include a pop-up trailer that Werntz and Hann had. B & D Transport purchased the trailer at auction. B & D then contacting police after discovering the remains. Montana’s hand had been severed off and her head was encased in several layers of duct tape.
An autopsy of the child’s ten-week old body revealed multiple fractures of her skull caused by “severe blunt force.” The duct tape placed over mouth and around her head then ensured death by suffocation. The autopsy also revealed that Montana’s leg was fractured three or four weeks prior to her death and her ankle was fractured before her leg, as the autopsy found signs of healing in the ankle joint.
Police then arrested Ms. Werntz and Mr. Hann. Through interviews of both, it was discovered that the couple had another son, James, who also died at six weeks old under mysterious conditions as an infant. Ms. Werntz was evasive about how their son had died, first saying it might have been a spider bite and later saying it was “crib death.” Their son was also found in a trash bag in a plastic box. He was wrapped inside seventeen plastic baggies, some with air fresheners added.
It merits mention that when Mr. Hann was arrested, he was holding their third child, who was alive and one month old. The young boy had multiple rib fractures and a broken leg.
At trial, the prosecution argued that Ms. Werntz was guilty of murder as an aider and abettor with implied malice because she violated her legal duty to protect Montana despite knowing Mr. Hann was abusing their daughter.
On April 8, 2014, a jury found Werntz guilty as charged for the death of Montana. The judge sentenced her to state prison for a term of 15 years to life.
In 2019, Ms. Werntz filed a petition for resentencing under Penal Code § 1172.6. Her counsel argued that she was convicted of murder under an implied malice theory for failing to protect Montana. He argued that the evidence at trial never established that Ms. Werntz knew her child was being abused. Therefore, she had no duty to contact police to protect her daughter.
The prosecution responded by arguing that Ms. Werntz must have known of their abuse and done nothing to prevent it because she helped hide the remains of each child (James and Montana). The prosecution also pointed out that Montana’s broken leg and broken ankle were the types of injuries that would have led to swelling and significant pain to the baby, which Ms. Werntz would have noticed.
The attorney for Ms. Werntz also argued that there no longer was a crime for second degree murder based on an implied malice theory of aiding and abetting murder.
The trial court judge, John Molloy, agreed with the prosecution and denied the petition for resentencing.
Ms. Werntz then appealed this ruling to the Fourth Appellate District in Riverside, which affirmed Judge Molloy. The Fourth District explained that the proper standard of review is whether there was substantial evidence to support the trial court’s conclusion and found there was such substantial evidence.
The Fourth Appellate District also rejected the defense argument that there was no longer a crime for second degree murder based on implied malice for aiding and abetting murder.
For more information about resentencing under the new felony murder rule, please click on the following articles:
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