A judge said on Monday that he is inclined to deny a stay requested by the city of Los Angeles in a lawsuit brought by the father of three children who were allegedly killed by their mother in 2021 in Reseda. The judge stated that the city cannot assert the Fifth Amendment rights of the accused killer.
In his lawsuit filed in April 2022 against the city of Los Angeles and Los Angeles County, plaintiff Erik Denton alleges that LAPD officers were negligent and did not take the declining mental health of Liliana Carrillo, the mother of the two girls and one boy, seriously. He claims that they also failed to share information with county social workers.
The city of Los Angeles filed a motion on September 1st, requesting that the case be put on hold pending the outcome of Carrillo’s criminal case. The city lawyers argued that her right against self-incrimination and the integrity of the criminal proceedings were at stake. They pointed out that many of the same witnesses will testify in both cases and that the evidence will overlap.
However, Judge Kerry Bensinger wrote in his tentative ruling that the city cannot invoke Fifth Amendment privileges on Carrillo’s behalf. He stated that this factor weighs heavily in favor of the plaintiff.
According to the judge, Denton has a legitimate interest in learning about the events leading up to the tragic loss of his children and in prosecuting his claims expeditiously. He wants to obtain information regarding the implementation of the California Child Abuse and Neglect Reporting Act and the role others played leading up to Carrillo’s alleged murder of her children.
“Given the current posture of the criminal case, the delay here may be significant, most likely well over a year,” said Bensinger. He noted that the killings occurred more than two years ago.
“Further delays risk diminished memory, loss of witnesses, and records,” said the judge. He is scheduled to hear arguments on Tuesday before issuing a final ruling. The trial of the case is scheduled for July 5, 2024.
According to a report published by the county Office of Child Protection after the killings, Denton’s cousin, emergency room physician Dr. Teri Miller, pleaded with officers to help and expressed concern that Carrillo might kill the children. The plaintiff’s attorneys mentioned this in their court filing.
“But her pleas fell on deaf ears,” states the plaintiff’s lawyers in their court papers.
Carrillo, 32, has pleaded not guilty in Los Angeles Superior Court to three murder charges stemming from the April 10, 2021, killings of her 6-month-old daughter Sierra, 3-year-old daughter Joanna, and 2-year-old son Terry. She is accused of drowning the victims.
The murder charge involving her youngest daughter includes an allegation that she used a knife during the commission of the crime. According to a deputy medical examiner, the child suffered a stab wound to the chest that struck her left lung.
“Central to this case is several LAPD officers’ failure to meet the basic requirements of their duties as mandatory reporters of child abuse and neglect,” argue Denton’s lawyers in their court papers.
Denton’s attorneys further maintain that evidence they compiled shows the LAPD took a report of possible molestation of the children in February 2021 but did not prepare a required suspected child abuse electronic report or notify the county Department of Children and Family Services.
A month later, LAPD officers responded to a call by Denton, who had an emergency custody order directing Carrillo to turn over custody of the children to him. Denton’s attorneys’ court papers state that the police report documented that Carrillo was possibly suffering from an unknown mental illness.
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