It is the case which has gripped the nation—the disappearance and presumed murder of little 7-month old Emmanuel Haro. His parents are accused of faking his kidnapping and face charges of murder, even though the child’s remains have not yet been located. We spoke with KTLA legal analyst Alison Triessl to break down some of the biggest legal questions.
How can prosecutors bring a murder case without a body?
Triessl: Prosecutors do not need a body to proceed with a murder case. Corpus delicti rule – the Latin phrase that means “body of the crime”. In modern practice, corpus delicti requires that the government have enough evidence showing that the essential parts of a crime occurred before they can even charge an individual. The “corpus delicti rule” just requires that enough evidence is found, not that the body has to be found to charge someone with murder. Known cases where defendant was actually convicted of murder without a body being found include People V Charles Manson involving Donald “Shorty” Shea. The case proves that evidence that one committed a murder is sufficient for conviction even without a dead body.
Will any potential jailhouse conversations or interviews with Jake or Rebecca Haro be admissible?
Triessl: Yes, these can be admissible. All calls made from a county jail facility are recorded and are often used if an incriminating statement is made by the defendant. In an exclusive jailhouse interview with the Southern California News Group, Jake insisted he has been “completely cooperative” in the search and that he would say “I love you buddy” to Emmanuel if he could say something to him today. He completely denies the alleged abuse from Riverside County officials. He also says that he was forced into pleading guilty in his prior case because he could not afford trial. Also with Southern California News Group, Rebecca stated: “I will not give up. I will not give up on my baby.” “I want to be out looking for my baby.”
Will prior case of abuse involving Jake Haro be admissible in court?
Triessl: Yes, Jake’s prior case (for which he is still on probation) will be admissible in court. Although this may be classified as character evidence, which is generally inadmissible, it is also a prior conviction, it is not remote in time and the conduct is similar to the conduct he is accused of in this matter.
California PC 404: Prohibited uses: Prior cases are generally not admissible in court to prove the defendant’s character or show that the character in the alleged crime aligns with past actions. The permitted uses include: motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Will controversy over what many are criticizing in Jake Haro’s lenient sentencing in prior abuse case be admissible in court?
Triessl: No, criticism over the prior sentence that Jake received is simply criticism, it is not admissible in court as it is irrelevant to whether or not he committed this underlying offense. In 2023, Jake pleaded guilty to one count of willful child neglect and was sentenced to 48 months of probation and 180 days of community service instead of prison time. He violated probation when he was caught with a firearm less than a year into probation. Riverside County DA Mike Hestrin said, “That decision was absolutely outrageous. Mr. Haro should have been in prison at the time that this crime happened, and if that judge had done his job as he should have done, Emmanuel would be alive today,” Hestrin added.
Will any evidence of domestic abuse (if there is any documented evidence) be admissible in court?
Triessl: We will have to see what information comes out because as of now, there is no information that there has been spousal abuse. Rebecca Haro had a noticeable black eye when she alerted the police that her child was kidnapped so down the line she may claim that her husband physically assaulted her when she tried to intervene in the abuse of their child. The Riverside County DA says that this filing of charges reflects the belief that Emmanuel was a victim of severe abuse and succumbed to those injuries. “The evidence shows that baby Emmanuel endured ongoing abuse that ultimately took his life,” Hestrin said. Investigators believe Emmanuel could have died between Aug 5 and Aug 14, the day he was reported missing.
Is it possible that Rebecca Haro or Jake Haro levy accusations against the other to bolster their defense?
Triessl: It is definitely possible, but they have both maintained their innocence for themselves and each other: Rebecca Haro says, “He’s a good dad. He would never hurt a baby,” referring to her husband, Jake. They are being held at different facilities: Jake Haro at the Smith Correctional Facility in Banning, and Rebecca Haro at the Robert Presley Jail in Riverside. Both are being held in lieu of $1 million bail.
Is it possible that Rebecca or Jake could eventually be found guilty of filing a false report on the child kidnapping, but still acquitted of a murder charge?
Triessl: Yes, it is possible that they are found guilty of submitting a false police report and still be acquitted of a murder charge if there is not enough evidence. The prosecution needs to prove beyond a reasonable doubt that they committed the alleged crimes, so it is entirely possible that the DA can do this for the false police report charge but not meet this burden for the murder charge if there is not enough evidence to reach the beyond a reasonable doubt standard.
Is it possible that Rebecca Haro pursues a defense involving mental illness?
Triessl: It is possible that either of the defendants can argue a defense around their state of mind at the time of the alleged crime. For the false report charge specifically, they could argue that Rebecca was medically insane when she reported being attacked outside of a Big 5 and someone kidnapping Emmanuel when she was knocked out on the floor. The couple also has a 2-year-old daughter, which could play a role in a defense.
The post Baby Emmanuel Murder Case: Prosecuting without a body, other legal questions answered appeared first on KTLA.
