Trial set for Monday in baby death case

The defense's motion for a continuance was denied Wednesday and jury selection is set for Monday in the case of a Sebring man charged with killing a 3-month-old baby.

Edgar Michael Otero, 31, is charged with first-degree murder and aggravated child abuse stemming from the death of baby Alexa Hall. The child's mother, Brandy Hall, and Otero, Hall's former boyfriend, took her to Florida Hospital Heartland Division's emergency room on Nov. 12, 2007 for an unknown sickness.

Alexa was later airlifted to St. Joseph's Hospital, where life-saving efforts ended. The cause of death was listed as blunt force trauma.

On Wednesday, defense attorney Jose Torroella told Judge Peter Estrada he was not ready for trial because a key witness could not be found.

The witness is an ER doctor who first saw baby Alexa and spoke to the mother, according to Torroella.

"Mr. (Steve) Houchin advised me he was going to try to locate her," Torroella said to Estrada. "He has not been able to serve her with a subpoena."

Houchin, assistant state attorney for Highlands County, told the judge he had sent two previous subpoenas, but with no success, since she is a traveling doctor who works around the state.

He added that the hospital did get in touch with her and she contacted his office a few weeks ago.

"She was cooperative and remembered the case very well," Houchin said.

Houchin said his secretary spoke to the doctor again on Monday and he expects a third subpoena to be served within a day or two.

If she is not there next week for trial, Houchin said the prosecution could continue on without her.

"The family would like to get closure in this matter," he said.

Estrada then denied the defense's request and kept the case on next week's trial docket. Family members of Alexa, who were wearing buttons displaying her picture, could be heard saying "yes" after the decision was reached.

In early 2008, the child's grandmother, Sandy Carro, sent a statement to Highlands Today that said her family's grief was "indescribable."

"I can't begin to explain what this has done to us. We are a family with broken hearts and the grief is too much to bear. No one should have to endure this kind of senseless pain."

Houchin said one issue that might come up Monday is the victim's family asking to be excused from the rule of sequestration of trial witnesses.

Last-minute issues, as well as jury selection, will begin Monday at 8:30 a.m.