Boehmer pleads not guilty

By Christina O'Haver, The Union Democrat March 12, 2013 10:52 am

The four-day trial for a Jamestown man accused of killing his infant daughter has been set for July 10 in Tuolumne County Superior Court.

Kevin Michael Boehmer, 26, again pleaded not guilty to a charge of assault on a child under 8 years old resulting in death during a re-arraignment hearing in Superior Court on Monday.

Boehmer also requested a “Marsden motion” in hopes of replacing his public defender, Robert Price.

Judge Eric DuTemple calendered the motion hearing for Friday morning.

The re-arraignment followed Boehmer’s decision last week to forgo a preliminary examination, which requires prosecutors to establish probable cause to proceed with their charges. 

The Tuolumne County District Attorney’s Office initially charged Boehmer with assault on a child under 8 years old resulting in a coma or paralysis. District Attorney Mike Knowles sought to amend the charge after the infant died.

Boehmer’s daughter, 3-month-old Kalie Boehmer, was pronounced dead by doctors at Oakland Children’s Hospital on Dec. 11. 

The Alameda County Coroner’s Office had not released a cause of death Monday because it was awaiting toxicology results. 

However, the Coroner’s Office submitted a statement to the District Attorney’s Office saying Kalie Boehmer died of blunt force trauma, according to Knowles.

Knowles said blunt force trauma does not necessarily mean the baby was a victim of any kind of impact. Rapid movement, for example, can cause blunt force trauma in an infant, he said.

Kalie Boehmer died two days after her father took her to Sonora Regional Medical Center because she was having difficulty breathing.

Sonora hospital staff noticed several old bruises and injuries around the child’s neck and chest. They reported it to the Sheriff’s Office, and deputies arrested Boehmer on suspicion of willful cruelty to a child resulting in possible injury or death. He was booked into Tuolumne County Jail, where he is held on $1 million bail. 

The maximum sentence if convicted is life in prison with the possibility of parole after 25 years, Knowles said.