Torture charge leveled in death of Pasadena toddler

Maria Palaez, 29, and her boyfriend Gabriel Diaz, 32, both of Pasadena, are being held in lieu of $2 million bail and will be arraigned today on charges of murder and torture., Los Angeles County District Attorney's Office spokeswoman Sandi Gibbons said.

Here's the DA's complaint:

The undersigned is informed and believes that: 

COUNT 1

On or about August 18, 2009, in the County of Los Angeles, the crime of MURDER, in violation of PENAL CODE SECTION 187(a), a Felony, was committed by GABRIEL DIAZ and MARIA JESUS PELAEZ, who did unlawfully, and with malice aforethought murder RENE T., a human being.
"NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c)."

* * * * *

COUNT 2

On or between July 18, 2009 and August 18, 2009, in the County of Los Angeles, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a Felony, was committed by GABRIEL DIAZ and MARIA JESUS PELAEZ, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section 12022.7, upon RENE T..


It is further alleged within the meaning of Penal Code 12022.7(d), that defendant personally inflicted great bodily injury on RENE T. who was under the age of five years.
* * * * *

NOTICE: Conviction of this offense will require the defendant to provide DNA samples and print impressions pursuant to Penal Code sections 296 and 296.1. Willful refusal to provide the samples and impressions is a crime.

NOTICE: The People of the State of California intend to present evidence and seek jury findings regarding all applicable circumstances in aggravation, pursuant to Penal Code section 1170(b) and Cunningham v. California 2007 U.S. LEXIS 1324.

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT, CASE NUMBER GA077659, CONSISTS OF 2 COUNT(S).


Executed at PASADENA, County of Los Angeles, on August 20, 2009.

_____________________________________
G. CURRY
DECLARANT AND COMPLAINANT


STEVE COOLEY, DISTRICT ATTORNEY