Mom formally charged in baby's death

STURGEON BAY - A Brussels woman is now charged with the death of her eight-month-old daughter.

Thirty-three-year-old Melissa Martinez was arrested last month, when her baby Elena was found unresponsive in a running vehicle. The heat had been turned on in the car.

Dressed in orange, Melissa Martinez sat quietly in court, as she was charged with homicide by intoxicated use of a vehicle and child neglect resulting in death.

"You really can't put words on it," said Door County District Attorney Ray Pelrine.

A case that the prosecutor says is always difficult.

"As a prosecutor, me going on 30 years of doing this, I have had to see my fair share of tragedies that involve little ones; little ones that are relying completely within the trust and care of those, in our society, are suppose to be caring for them," Pelrine explained.

Martinez's attorney wouldn't answer any questions after court.

On Oct. 19, authorities were called to this home on School Road in Brussels shortly after 5 p.m., where Martinez's sister found the lifeless child in an overheated SUV in the driveway.

In the criminal complaint, the medical examiner labeled Elena's death as "environmental hyperthermia."

Medical personnel said the child had an interior body temperature of nearly 108 degrees after arriving at the hospital.

According to police, Martinez had a blooc alcohol concentration almost three times the legal driving limit, at 0.237 four hours after the child was found.

The complaint says Martinez told police she hadn't drunk anything that day and only left Elena in the vehicle for 15 minutes while she got ready to go to Elena’s grandmother's house Wednesday evening. However, later, she told police she had put Elena in the SUV earlier Wednesday morning. Authorities say Martinez had no explanation for the 10-hour gap.

The complaint does say Martinez's mother did see her mid-morning, but could not get a hold of her that afternoon. Martinez also missed an afternoon daycare appointment.

Ten unanswered phone calls later, Melissa Martinez's sister went to the home, "She told police she had 'small talk' with Martinez, and asked where Elena was."

That's when both went out to find the child unresponsive in the vehicle.

Exactly how long the child was in the SUV is still unknown.

Police say Martinez's mother told them Martinez has been an alcoholic for approximately three years.

No family was present for Tuesday's hearing.

Martinez is due back in court Nov. 17. Martinez faces two felony charges, that each carry maximum prison sentences of 25 years.