|For Immediate Release
Case # 13CF0803
March 13, 2013
|Susan Kang Schroeder
Chief of Staff
FOSTER MOTHER TO BE ARRAIGNED FOR BEING AN ACCESSORY TO HUSBAND’S RAPE OF A CHILD UNDER THEIR CARE
SANTA ANA – A foster mother will be arraigned tomorrow for being an accessory to her husband’s rape of a child under their care. Maria Esther Hernandez, 59, Santa Ana, is charged with one felony count of accessory after the fact. If convicted, she faces a maximum sentence of three years in state prison. She is being held on $20,000 bail and is scheduled to be arraigned tomorrow, Thursday, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.
Co-defendant Felipe Hernandez, 66, Santa Ana, is charged with one felony count of aggravated sexual assault, one felony count of forcible lewd act on a child under 14 years old, three felony counts of lewd act upon a child under 14 years old, two felony counts of lewd act upon a child, one felony count of unlawful sexual intercourse, one felony count of oral copulation of a minor, one felony count of sexual penetration by foreign object of minor, one felony count of possession and control of child pornography, and one misdemeanor count of sexual battery with sentencing enhancement allegations for multiple victims and substantial sexual conduct with a child. If convicted, he faces a maximum sentence of 65 years to life in state prison and mandatory lifetime sex offender registration. He is being held on $1,000,000 bail and is scheduled for pre-trial, April 22, 2013, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.
Circumstances of the Crime
At the time of the crimes, the victims were living in the defendants’ home as foster children. Felipe Hernandez and Maria Hernandez are accused of violating their position of trust.
On one occasion between Feb. 1, 2006, and March 31, 2006, Felipe Hernandez is accused of molesting and raping 9-year-old Jane Doe #1 by force.
Between Jan. 1, 2009, and Aug. 21, 2012, Felipe Hernandez is accused of conducting lewd acts on 15-year-old Jane Doe #2. On multiple occasions, Felipe Hernandez is accused of touching Jane Doe #2’s breasts and buttocks over and underneath the victim’s clothes. On one occasion, Felipe Hernandez is accused of orally copulating Jane Doe #2.
Felipe Hernandez is accused of threatening Jane Doe #2 that he would not provide her with any money and other privileges if she did not comply with his sexual demands and threatened to take away Jane Doe #2’s cell phone and laptop.
On several occasions between Dec. 4, 2006, and Aug. 21, 2012, Felipe Hernandez is accused of ra