Described by undercover agents as “cheerful” and “calm,” Diana Torres-Acosta appears rather aggressive, angry and capable of violence in wiretap excerpts from her home filed into evidence Wednesday in her trial for the involuntary homicide of a little girl at her daycare.
• Also read: Accused of manslaughter: guardian says she killed child “while playing”
• Also read: Accused of manslaughter: foray into operation “Mr. Big” to trap a babysitter
Still on the sidelines of the open voir dire on the admissibility in evidence of the content of the operation “Mr. Big” held in the winter of 2020 to obtain a confession from the woman, the public prosecutor filed “character evidence” on Wednesday.
These audio extracts, intercepted by the police through wiretapping on the accused’s phone and at her home, portray her in a different light from that perceived by the undercover agents.
Judge Rachel Gagnon will have, as for the confessions obtained in the context of “Mr. Big,” determine whether these items are eligible to be formally filed in the lawsuit.
Screenshot taken from a video filed as EVIDENCE IN COURT
Physical fixes?
In one of the extracts, in Spanish, we hear Diana Torres-Acosta, at the table with her partner and two children. She seems dissatisfied with their academic performance, explained the public prosecutor.
According to the translation of the legal interpreter made simultaneously in the room, we hear the suspect affirm “that she would no longer hit” her children.
“I said I wouldn’t hit you anymore because what happened happened to understand that I shouldn’t physically mistreat you,” says the accused, adding that there were “other ways” to make them understand.
A little further on, Torres-Acosta admits that she “loses control a lot.”
“I ask God, ‘Lord, help me to be a better person,’” she insists.
Choleric
In another recording captured in her residence, the 42-year-old woman loses patience after a call from the owner of her home who wishes to organize a visit for a future tenant. Since the timing doesn’t suit her and she refuses to let the owners come in when no one is home, Torres-Acosta loses her temper.
We hear him violently banging on objects while shouting vulgarly against their owners.
“I’m angry because I don’t want them to pass over me. They have no right to enter here without authorization!” screams the suspect, who then addresses her partner. “I’m disgusted that everyone does whatever they want!”
“Life crisis”, “dirty dogs”, insults and vulgarities fill the disjointed speech of the woman, literally enraged.
Photo filed as EVIDENCE IN COURT
Confessions
Remember that Torres-Acosta ended up admitting during the final scenario to having shaken the child, “three or four minutes”, while playing with her. We also see her, with a pillow, miming to the undercover agents the movement she made, specifying that she did not measure her strength.
The two undercover agents who witnessed the accused’s confessions testified Tuesday to explain the confession and their opinions on the situation.
The voir dire will resume on Friday with the pleadings of both parties on the admissibility or otherwise of evidence of the various elements presented since last week.
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