The preliminary examination for the case began in June, continued for two days this week and will resume in August.
Drugs dominated the world of little Winter Rayo’s parents and their housemates.
That came through in text messages they sent one another, read in Santa Clara County Superior Court this week where a preliminary hearing was underway to determine whether her father Derek Rayo and two housemates must stand trial on murder charges for Winter’s August 2023 fentanyl overdose death.
Winter’s mother, 29-year-old Kelly Gene Richardson, texted “do you have clear” to housemate Paige Vitale one June evening last year, referring to the street slang for methamphetamine, a potent illegal stimulant.
“I can take a little for you but it won’t be much,” Vitale responded.
“yeah, derek’s cousin is here now with the clear but before we didn’t have any,” Richardson replied. “So no worries about the clear we got some now.”
The preliminary hearing will continue August 26, and Judge Deborah Ryan later that week is expected to decide whether Rayo, Vitale and another housemate, Phillip Ortega, will proceed to trial, and if so, whether they are tried for murder or lesser charges.
Richardson is not part of the preliminary examination. Her attorney declared a doubt of her competence to participate in her defense. Over the objection of prosecutors, a judge suspended her case pending the results of a court-ordered psychological evaluation.
Winter died last August at 18 months old in the bed she shared with her parents at her San Jose home. When police arrived at the home, Winter had been dead for hours and was covered by a rug. A toxicology report revealed 24 times the lethal dose of fentanyl for a child her size in her blood.
Rayo, 27, and Richardson, were charged with murder for Winter’s death on the premise that the extent of their drug use around the child exceeded criminal negligence. Though other parents have previously been charged in the fentanyl-related deaths of their children, the murder charge was a first for the county. Their housemates, Ortega and Vitale, also were charged for supplying narcotics to Winter’s parents and contributing to her dangerous home environment.
The preliminary examination for the case began in June and continued for two days this week. Rayo, Ortega and Vitale were present in court, accompanied by their attorneys.
On Thursday, Sheena Woodland, an investigator for the District Attorney’s Office, testified at length about photos, text messages and interviews with police that portrayed the defendants’ enduring efforts to purchase, use and sell narcotics.
Messages retrieved from the defendants’ cell phones, compiled into a slide show by Deputy District Attorney Gabriella Jarvis, contained frequent mentions to slang terms for fentanyl and methamphetamine. Several messages discuss how much the defendants can buy with their available funds.
One set of exchanges between Richardson and Vitale on June 10 and 11, 2023, included lines like “Get a little bit off someone to get us thru the night,” and “You’re gonna get some clean, right?”
“Clean” is street slang for fentanyl, Woodland said.
According to Woodland, Vitale and Ortega said in interviews with police that they assumed Winter’s parents used drugs in the bedroom they shared with Winter while the child was inside. Though the couple’s door was closed, Vitale and Ortega had heard the sound of a torch coming from the room. Police also found drugs near the bed where baby Winter slept with her parents, Woodland testified.
One set of photos shown in court showed adults using drugs while holding Winter, her bright blonde hair tied into a tiny ponytail, in the home’s garage.
The defense attorneys’ cross-examination of Woodland will continue when the proceedings resume in August.
