January 13, 2006

Babysitter charged with child endangerment
is released on her own recognizance

Katrina Hatton’s next court appearance is set for Jan. 24

By Sheila Sanchez
Staff Writer

After being incarcerated for more than 20 days, Katrina Marie Hatton, the babysitter charged with one felony count of child endangerment, was released on her own recognizance Dec. 14.

Katrina Marie Hatton

Santa Clara County Superior Court Judge Robert Foley agreed to release Hatton, 20, to a battered women’s shelter after her public defender and the prosecutor had referred the request to the Santa Clara County Office of Pretrial Services.

The agency, whose mission is to provide the criminal courts with information to facilitate the release and detention of the accused, prepared a report regarding Hatton’s background and circumstances surrounding the allegations.

The office recommended Hatton should be released to the women’s shelter after her public defender, Craig Kennedy, contacted the shelter and its directors agreed to provide her with a stable living environment.

“We didn’t object to that (her release to the women’s shelter),” said Santa Clara County Deputy District Attorney Dan Nishigaya.

Hatton has a history of domestic violence. She has two children. One is in the custody of her paternal grandmother in Georgia and a 4-month-old daughter is in foster care. She was being held at the Elmwood Correctional Facility in Milpitas on a $100,000 bail.

“It was one of the things that prompted the judge to release her,” said Kennedy. “It’s a chance for her to show the court that she can comply with any conditions and that she’s not going to take off and leave her responsibilities behind.”

Hatton was arrested Nov. 22, a day after prosecutors allege she caused the death of 2-year-old Alex Arriaga when she left him unattended near the railroad tracks running along Monterey Road at the intersection of Blossom Hill Road.

A speeding southbound Amtrak train struck the boy after he left his older brother, Elijah Arriaga, 4, to follow Hatton as she went to the other side of the tracks to retrieve her 3-month-old daughter in a stroller.

Ironically, Hatton wasn’t supposed to be watching the children that day, but the family friend Tiffany Ball, 22, responsible for their care, had asked Hatton to fill in for her.

Hatton is scheduled to enter a plea at 2 p.m., Jan. 24.

News of Hatton’s release upset Nicole Wilson, 22, the deceased toddler’s mother.

Kennedy said this week he hoped Wilson would seek counseling to deal with the pain and trauma caused by her son’s death instead of neglecting herself to seek revenge.

“This is a tragedy. It’s a tragedy for my client, a tragedy for a young mother who lost a child and a tragedy for the woman who was the original planned babter,” Kennedy said. “She’s hurting right now… She needs to heal her wounds.”
Nishigaya said Wilson and the boy’s father, Barney Arriaga, “are working through their grief and to understand, not only what happened, but the criminal process, as well.”

Kennedy also said Hatton is devastated by the tragedy and has expressed a desire to speak to Wilson, but that he’s prevented her from contacting her.

Kennedy also reported Hatton is doing well, is undergoing counseling at the shelter, is working to get her high school diploma and is employed.

“The issue for her is the battle to keep custody of her child,” Kennedy said. “This is going to have the biggest impact on her life and she got served a lemon here by being charged with this, but we now have to try to make lemonade.”

Kennedy reiterated the boy’s death is not a crime. “You can call her irresponsible. You can call her negligent, but the question is, ‘Does this rise to the level of criminal negligence?’ That’s an issue that probably the community should decide,” Kennedy said.

The case has sparked dialogue among the community on the important role and responsibility of caregivers, particularly those who watch over children, the elderly and disabled. It has also created debate about whether persons from poorer sections of town are prosecuted more strictly than those from affluent parts for crimes committed against the innocent, a charge Santa Clara County prosecutors deny.

Women’s advocates are also saying the lives of the three women show how perilous it can be to care for children without a strong family support system in the Bay Area.

Prosecutors didn’t charge a 34-year-old mother in upscale Woodside who lost track of her 1-year-old son, Zane Harris, who drowned in a sunken patio fountain at his great-grandmother’s house.

Hatton supporters raised more than $4,000 to bail her out of jail. Friends of the young woman feel sorry for the parents who lost the boy but also pity Hatton, whom they characterize as a distressed person who made a mistake and should not be considered a criminal.

Kennedy said he was recently on a vacation trip to Hawaii where a tourist staying in a hotel with old-style railing balconies lost a child after she fell to the ground. He said the room he was staying in also had the railing balcony and he feared for his own 3-year-old daughter’s safety.

He said Hawaiian authorities chose not to prosecute the family with criminal. “The kid slipped through. This is somewhat similar,” he said.

Nishigaya, however, said prosecutors have “the benefit of the complete investigation” and that, “We know all the facts of the case. We know the law. We believe she violated the law and a helpless child lost his life because of that and it’s our responsibility to hold her accountable for that on behalf of the community and on behalf of the victim.”

Kennedy said the spot where Hatton crossed the street on Monterey Road is dangerous, but is used by many residents. “It’s a well-trod path that goes right across the train tracks. If you don’t have a car there’s no other way to get from that area to the other unless you walk, at least, a mile out of your way,” Kennedy said.

Kennedy also noted that after surveying the area where the tragedy occurred for more than two hours, he finally saw a speeding Amtrak train on the tracks. He observed the train’s speed was at nearly 80 mph, rather fast for what he called a semi-residential area.

There’s a history of accidents at that spot, he said, and city leaders have been aware of the area’s danger for a long time, Kennedy said.

San Jose City Councilman Forrest Williams has acknowledged that the Monterey Road and Blossom Hill Road railroad is unsafe. He has said that the city, in conjunction with San Jose’s Department of Transportation, is looking at possible solutions to the area, which could include a pedestrian bridge. Until funding is secured to construct the bridge, Williams is proposing the city build an interim gated pedestrian walkway at grade level with signals.

“This is something the city should be addressing,” Kennedy said.