Santa Clara Co. DA Seeking Death Penalty For Man Accused Of Sexual Assault, Murder Of Toddler

SANTA CLARA COUNTY, CA - Prosecutors will seek the death penalty against a 41-year-old man charged with the sexual assault and murder of a toddler in East San Jose three years ago, the Santa Clara County District Attorney’s Office said today.

Alejandro Benitez will face a jury for allegedly molesting and killing 16-month-old Kaden Bernard on April 11, 2012, prosecutors said. It is the second time District Attorney Jeff Rosen will seek the death penalty, according to the district attorney’s office.

The other case is against Antolin Garcia Torres, who is accused of murdering and kidnapping 15-year-old Sierra LaMar near Morgan Hill in March 2012, district attorney’s officials said. Torres is scheduled to stand trial in April. (Story here: DA Will Seek Death Penalty in Sierra LaMar Case.)

Kaden’s babysitter was the girlfriend of Benitez, who has been charged for killing the boy during the course of a sexual assault at her San Jose home in April 2012, prosecutors said.

An autopsy showed the child had more than 40 injuries, both internal and external, all over his body, according to prosecutors. DNA tests from the boy’s clothes and body indicated a sexual crime took place and implicate Benitez as a suspect, prosecutors said.

“My decision to seek the ultimate punishment is based on a comprehensive analysis of the defendant’s actions,” Rosen said in a statement today.

“This was a nightmarish and extremely violent crime against the most vulnerable of all victims. It is the worst of the worst,” Rosen said.

Deputy District Attorney Dan Fehderau is assigned to prosecute the case and Benitez is scheduled to appear in court on March 30.

Also see:

• Woman Walking Dog Victim Of Sexual Battery In Palo Alto
• Broncos Player Questioned In Prostitution Sting At Motel 6 In Santa Clara County

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