JUSTICE FOR RHONDA MCCLAIN


JUSTICE FOR RHONDA MCCLAIN
The Issue
On March 7, 2011 my daughter's (Rhonda McClain) lifeless body was reportedly discovered in a bathtub at the home of her then boyfriend, Rafael Chavez, a physician's assistant from Apple Valley, California. Homicide detectives were called in, but little was done to investigate her death. In April 2012, with the aid of family and friends, and 500 signatures from change.org, we picketed the San Bernardino County Sheriff. It was then that I made contact with a sergeant who agreed to look into the case. His conclusion ~ my daughter had been murdered.
The investigation would last more than two years but, on August 27, 2014, Chavez was arrested and charged with first degree murder. Four days after his arrest he posted a one million dollar bond.
Over the four years that followed, there were SIX different Assistant District Attorneys (ADA'S) assigned to the case and an excess of forty hearings ~ each one being met with another continuance. As her mother, I attended all but three, missing those because I was out of state. With the hope of each one getting us closer to a trial date, our family held tight to the certainty of ~ one day ~ getting a conviction. While we knew that it was a circumstantial case, never once did any ADA suggest that it was not a winnable case.
At the beginning of this year a new ADA was assigned ~ Kathy DiDonato. From the very beginning, Ms. DiDonato had a negative outlook on the case. Rather than addressing the positive evidence, she focused on every questionable item that she could muster, and showed little interest in taking the case to trial. She even informed me that she chose not to have me testify ~ counterproductive to what the other ADA'S had planned ~ and critical in view of some information that I had. She also chose to exclude an expert witness that another ADA had contacted. It was as if she were working for the defense, and I was appalled by her attitude.
At one time, she called me into her office to agree to a plea bargain of 3 years for involuntary manslaughter to be spent in the county jail. With the 50/50 set up, he would do 18 months. I reminded her that Chavez took a human life ~ he did not steal a bag of candy.
I met with Ms. DiDonato on June 6, 2018 and went over the coroner's report. She said that he (the coroner) was going to testify that my daughter has a heart condition that could have resulted in her drowning. Already questioning items in the report, I told her that I was going to consult with an outside coroner.
Through the assist of Citizens Against Homicide (CAH), I was put in touch with a retired coroner out of Marin County. He did, indeed, find her assumptions ludicrous (The so-called "heart condition" is something that we all have), and addressed other issues in the autopsy report as well. I requested another meeting with Ms. DiDonato and she asked, “Do you have any documents that I can review? I like to be prepared when we meet." I forwarded her the report via email.
When I met with Ms. DiDonato on August 22nd., I did not expect what came next. She told me that the new coroner's report “would put doubt in the minds of the jurors” and that, for that reason, she was going to dismiss the charges. It took her two days to put it in front of a judge. As I look back, I can (now) clearly see how I was baited and setup.
This has been devastating for the entire family. It has been 7 years since my daughter's death. We waited through the first year with no action being taken. We waited two years while detectives investigated. Then, we waited another 4 years while the case took on one postponement after another, all while he was free. And, with six ADA'S assigned to this case, no one ~ other than Kathy DiDonato ~ ever suggested dropping the charges.
It has been suggested to me that the new coroner's report could cause waves in respect to the original coroner's credibility. If he were to be found in error, other cases that he has testified in could also be called into question. Perhaps Ms. DiDonato was concerned about her numbers, as it's common knowledge that a ADA'S career is based on their wins. Whatever the reason, her actions are unfair to my family and to Rhonda's memory.
You helped me to make a difference once before, and I'm asking for your help again. I am awaiting the transcript from the hearing, which I should have in my hand in two weeks. At that time, I am filing a complaint with the Attorney General's office to have this looked into, and to have charges (again) brought forth against Chavez.
This is a clear case of "deliberate abuse of discretion" by the District Attorney's office, and it needs to be recognized for what it is.

The Issue
On March 7, 2011 my daughter's (Rhonda McClain) lifeless body was reportedly discovered in a bathtub at the home of her then boyfriend, Rafael Chavez, a physician's assistant from Apple Valley, California. Homicide detectives were called in, but little was done to investigate her death. In April 2012, with the aid of family and friends, and 500 signatures from change.org, we picketed the San Bernardino County Sheriff. It was then that I made contact with a sergeant who agreed to look into the case. His conclusion ~ my daughter had been murdered.
The investigation would last more than two years but, on August 27, 2014, Chavez was arrested and charged with first degree murder. Four days after his arrest he posted a one million dollar bond.
Over the four years that followed, there were SIX different Assistant District Attorneys (ADA'S) assigned to the case and an excess of forty hearings ~ each one being met with another continuance. As her mother, I attended all but three, missing those because I was out of state. With the hope of each one getting us closer to a trial date, our family held tight to the certainty of ~ one day ~ getting a conviction. While we knew that it was a circumstantial case, never once did any ADA suggest that it was not a winnable case.
At the beginning of this year a new ADA was assigned ~ Kathy DiDonato. From the very beginning, Ms. DiDonato had a negative outlook on the case. Rather than addressing the positive evidence, she focused on every questionable item that she could muster, and showed little interest in taking the case to trial. She even informed me that she chose not to have me testify ~ counterproductive to what the other ADA'S had planned ~ and critical in view of some information that I had. She also chose to exclude an expert witness that another ADA had contacted. It was as if she were working for the defense, and I was appalled by her attitude.
At one time, she called me into her office to agree to a plea bargain of 3 years for involuntary manslaughter to be spent in the county jail. With the 50/50 set up, he would do 18 months. I reminded her that Chavez took a human life ~ he did not steal a bag of candy.
I met with Ms. DiDonato on June 6, 2018 and went over the coroner's report. She said that he (the coroner) was going to testify that my daughter has a heart condition that could have resulted in her drowning. Already questioning items in the report, I told her that I was going to consult with an outside coroner.
Through the assist of Citizens Against Homicide (CAH), I was put in touch with a retired coroner out of Marin County. He did, indeed, find her assumptions ludicrous (The so-called "heart condition" is something that we all have), and addressed other issues in the autopsy report as well. I requested another meeting with Ms. DiDonato and she asked, “Do you have any documents that I can review? I like to be prepared when we meet." I forwarded her the report via email.
When I met with Ms. DiDonato on August 22nd., I did not expect what came next. She told me that the new coroner's report “would put doubt in the minds of the jurors” and that, for that reason, she was going to dismiss the charges. It took her two days to put it in front of a judge. As I look back, I can (now) clearly see how I was baited and setup.
This has been devastating for the entire family. It has been 7 years since my daughter's death. We waited through the first year with no action being taken. We waited two years while detectives investigated. Then, we waited another 4 years while the case took on one postponement after another, all while he was free. And, with six ADA'S assigned to this case, no one ~ other than Kathy DiDonato ~ ever suggested dropping the charges.
It has been suggested to me that the new coroner's report could cause waves in respect to the original coroner's credibility. If he were to be found in error, other cases that he has testified in could also be called into question. Perhaps Ms. DiDonato was concerned about her numbers, as it's common knowledge that a ADA'S career is based on their wins. Whatever the reason, her actions are unfair to my family and to Rhonda's memory.
You helped me to make a difference once before, and I'm asking for your help again. I am awaiting the transcript from the hearing, which I should have in my hand in two weeks. At that time, I am filing a complaint with the Attorney General's office to have this looked into, and to have charges (again) brought forth against Chavez.
This is a clear case of "deliberate abuse of discretion" by the District Attorney's office, and it needs to be recognized for what it is.

Petition Closed
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Petition created on September 12, 2018