The opening day of the preliminary hearing was the first time Sumner had to face Melinda Bautista since she was accused of the April 14 death of Madilyne Wentz.
"She's right there," she said. "Wearing a black shirt."
Bautista stayed emotionless during the mother's testimony as she turned to Sumner and listened to her speak about the series of events that occurred on the days following April 12. The child had been in the care of the Jackson County daycare owner for only four days before Bautista called paramedics because Madilyne was unresponsive.
Assistant District Attorney Stephen Booker called four witnesses to testify against Bautista. Melissa Gann of the Oklahoma State Bureau of Investigation was the second to be called for the prosecution. She said that Bautista admitted to shaking a bouncy seat with the child in it.
"She (Bautista) said that she shook the bouncy chair in which Maddy was in," Gann said. "She said that she stopped shaking the bouncy chair and Wentz did not look right and that she took a gasp."
The state's third witness was Deputy Rodney McDowell of the Jackson County Sheriff's Department. He too confirmed that Bautista made a statement that she shook the bouncy chair that Madilyne was in. When asked to describe how the defendant shook the chair, McDowell clenched both fists and shook them back and forth.
"She grabbed each side and shook it," McDowell said. "She said (Madilyne) gurgled, looked dazed and went quiet."
McDowell mentioned being contacted by his supervisor , Undersheriff Roger LeVick, who had spoken to a nurse practitioner at St. Francis Hospital in Tulsa.
"He believed there was pertinent information that I needed to know," McDowell said. "The child was thought to be a victim of child abuse and was on a ventilator sustaining its life."
Booker also called Peggy Risinger, another daycare provider who took care of Wentz. She testified about a loving, happy child who "did not seem sick." She had only watched Madilyne for one day, the Saturday before her death.
Bautista is being represented by Kelley Eisenberg and Deanna Hansell. They were able to call one witness for the defense before court was recessed for the day. The defense called Deputy Inspector Perry Unruh of the OSBI. Unruh said that Bautista requested a lawyer during the interview that he and Gann conducted and that is when they ceased talking to the defendant.
"I made it clear that we could not talk to her any further because she asked for an attorney," Unruh said.
He said that after he and Gann left the room, James Bautista was able to go in and talk to his wife. When Mr. Bautista returned from his visit with his wife, Unruh described him as "emotional."
"He was concerned about her, tears welled up in his eyes," Unruh said. "He came out and said that she wants to tell you what happened."
The defense continuously asked if the OSBI agents thought that Bautista felt free to leave during the questioning. Both agents testified they did not read Bautista her Miranda rights because she wasn't a suspect.
Judge Suzanne Mollison will decide at the end of the hearing whether there is enough evidence to bind Bautista over for trial. The hearing resumed today at 9:30 a.m. with a continuation of the defense case.