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Sikh Woman Found Guilty In Child's Death Denied Bail

N K Raghunathan in San Diego

When judge William Kennedy revoked the $1.5 million bail and refused to send Manjit Basuta home to be with her husband and four children before her July 13 sentencing in a fatal shaking case, he had a compelling reason.

Basuta, convicted on June 15 in the death of baby Christopher Oliver Smith was sent to a prison to await her sentencing next month. The prosecution had convinced the judge that Basuta, an India-born British citizen, had lied in getting a green card and that she could use fraudulent means to get out of the country.

Prosecutor David Goldstein told the court that Basuta and her high-tech employed husband had told the immigration officials that they had fled India in 1993 because of persecution due to their Sikh religion. In reality, the couple had been living in America for several years before 1993. "Allowing her on bail would be inviting her to flee the country," he said.

Thirteen-month old Oliver Smith died last year following severe head injuries. He was taken to a hospital in an unconscious state from a day-care center run by 44-year-old Basuta in an affluent suburb of San Diego. The defense argument that the baby died primarily because of a previous injury was rejected by the court.

The jury accepted medical evidence and the testimony of a housekeeper who said she saw Basuta shake Oliver Smith out of anger when he refused to come to her to have his diaper changed. The defense unsuccessfully played up to the jury housekeeper Cristina Carillo's first report to the police.

The defense maintained throughout the trial that the Carillo's first story was the true version of how Oliver died and that the fall -- resulting from the child being pushed to the ground by another child -- aggravated an older head injury and proved fatal. The child died on March 18 a day after it became unconscious. Carillo changed her story after three days.

Carillo told the jurors that she had lied because Basuta had threatened to have her deported.

"Isn't it an irony that Basuta, who herself is an illegal alien in this country, threatened to send Carillo back to Guatemala," said an investigating officer last week.

Basuta could get the maximum sentence, 25 years in a maximum security prison, when she is sentenced on July 13.

Officials here have said they are not trying to deport her husband and children.

Basuta's defense drew a lot of support from hundreds of Sikh families across California who helped her in getting a big time attorney Eugene Iredale.

Iredale, who said the all-white jury, was not fair to his client has vowed to get her out of the prison. Throughout the trial, he portrayed her as a god-fearing and caring mother and childcare worker.

Meanwhile, Audrey Amaral, mother of Oliver Smith has successfully initiated action to have a law that demands stricter scrutiny of child care establishments.

A fund set up to initiate legislation received thousands of dollars from donors across the state. The state assembly is considering calling the legislation Oliver's Law.

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