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Mother accused of killing infant remains silent

Asuncion Avila-Villa invokes Fifth Amendment when judge asks about her competency for trial.

Asuncion Avila-Villa pleaded the fifth during a court hearing in Judge Andrew Nastoff's courtroom Wednesday Feb. 3, at the Government Services Center in Hamilton.

Staff photo by Nick Daggy Asuncion Avila-Villa pleaded the fifth during a court hearing in Judge Andrew Nastoff's courtroom Wednesday Feb. 3, at the Government Services Center in Hamilton.

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By Lauren Pack, Staff Writer Updated 12:25 PM Thursday, February 4, 2010

HAMILTON — A Hamilton mother accused of killing her 5-week-old son and throwing his body in the trash told the judge Wednesday, Feb. 3, she was invoking her right to remain silent when he began to ask about her competency to stand trial.

Asuncion “Suzie” Avila-Villa, dressed in bright orange jail garb, told Butler County Common Pleas Judge Andrew Nastoff, “on advice of counsel, I invoke my Fifth Amendment privilege.”

Avila-Villa, 26, is charged with aggravated murder and several other felonies, including abusing Isreal Santos’ body and having sex with a teenager. Prosecutors say she killed her baby to escape punishment for having sex with the underage boy.

She had an appointment county’s Job and Family Services a few days after the infant’s death. That would have forced her to name the baby’s father or risk losing her public benefits, according to prosecutors.

Defense attorney Chris Pagan told Nastoff he advised his client not to answer questions if she was quizzed, noting possible future difficulties in her defense.

Nastoff then scheduled a hearing for Feb. 12 to address her competency. The hearing will not include statements by the defendant or testimony of a mental heath professional because the judge has not yet ordered a psychological evaluation of Avila-Villa.

The judge said he would anticipate testimony from “lay people” who have interacted with the defendant and observed her cognitive skills.

Assistant Prosecutor Jason Phillabaum filed a motion two weeks ago requesting a competency evaluation noting defense counsel raised mental heath issues and the defense asked for a psychiatrist.

Phillabaum said he is not alleging Avila-Villa is incompetent, noting in fact they believe she was “calculated” in her actions surrounding her son’s death.

But because of the statements made by defense attorneys, Phillabaum said he want to make sure the competency issue is addressed and does not become a issue later in an appeal.

During a hearing last month, Pagan said, “I have no concern about her ability to communicate with me ... but she has serious difficulty articulating the circumstance surrounding the issue.”

He added Avila-Villa has a “significant mental health background.”

Pagan said during Wednesday’s hearing the defense has not raised the issue of incompetence, but is attempting to collect medical records to determine if that issue should be raised at all. He said he plans to travel to California next week to explore his client’s past.

Nastoff said, ”I don’t believe the issue of competency has been raised at this juncture."  The judge said the argument is “absurd,” because the state and defense have not technically raised the issue of competency.

Avila-Villa’s two-week trial is scheduled to begin May 3.

Contact this reporter at (513) 820-2168 or lpack@coxohio.com.

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