Convicted Baby-Shaker Cried in Probation Interview, Records Show

Patricia Bernal never spoke at her March 16 sentencing in the Emma Crew baby-shaking case. But U-T San Diego says the veteran day-care provider shed tears when interviewed earlier by a Probation Department worker.

“She cried when asked about the incident and expressed sympathy for Emma and her family,” U-T San Diego reported Sunday. “Bernal said she had loved all of the children she had cared for, including Emma.”

The article—which noted the objections of mother Sophie Crew to the year jail sentence—also quoted prosecutor Claudia Grasso as saying Santee resident Bernal should have been sent to prison instead of La Colinas women’s jail, “given the injuries to little Emma.”

“We would have fought to the end, but I also trust Judge [John] Thompson’s judgment and we will go with that,” the paper quoted Grasso as saying.

The U-T report also provides more details on what Bernal, 62, told authorities after the September 2009 incident at Bernal Family Day Care in Santee.

“Bernal initially told authorities she saw Emma throw her head back into the wall through the mesh side of a portable crib,” said U-T San Diego. “She said she left the room for several minutes and returned to find the girl unconscious.”

But citing court records, the U-T said the Sheriff’s Department concluded “the victim’s injuries could not have been caused by an accidental self injury and that the defendant inflicted great bodily injury to the child.” 

Attached are a probation report and fees Bernal was ordered to pay in the case.  With good behavior, she could be released in mid-December.