Father moves to preserve the evidence in Tennessee’s death

The father of Tennessee, a three-year-old girl who died after being allegedly hit in the head, has asked the Superior Court to order the preservation of all evidence gathered by investigators in the death of his daughter.

John Erving Mateo Calcena, through the Public Defender’s Office, said he is entitled to discovery of certain evidence and file a motion to suppress evidence that were seized unconstitutionally.

“Preservation of evidence will guarantee that the defendant is able to exercise effectively his constitutional and statutory rights,” said assistant public defender Adam Hardwicke in court papers.

Hardwicke said the preservation request includes “any evidence that may be destroyed, lost, or otherwise put out of the possession, custody, or care of the prosecution, any government agent or agency, or its private contractors in this case.”

Calcena is out of jail after posting a $5,000 bail last Wednesday. He was charged with second-degree murder. His wife, Tracy Joy Inaba, was charged only with child neglect and had also posted a $5,000 cash bail.

Former Chief Prosecutor Jeffrey Moots alleged that on Jan. 17, 2006, Calcena killed Tennessee by inflicting injuries to the child “resulting in closed head injuries causing death.”

Moots said Inaba failed to provide the girl with adequate supervision, after noting unexplained bruises on the child a week before her death.

The prosecutor said Inaba failed to take action to determine the cause of the bruises and prevent further harm. Inaba had pleaded not guilty.

The mother was at work when Tennessee was taken by an ambulance to the Commonwealth Health Center.

According to police, Tennessee was taken to CHC on Jan. 17 after Calcena asked his relatives and neighbors for help.

Calcena told police that he was lying on the couch watching TV while the girl and her two-year-old brother were playing in the bedroom of their small rented apartment in Garapan.

Calcena claimed that his daughter ran to him, complaining of breathing difficulty. He massaged her on the chest, when she suddenly lost consciousness. Calcena then called for help.

The CT scan showed that Tennessee sustained severe brain injuries. She was declared clinically brain dead. With no signs of hope for recovery, doctors discontinued her life support system on Jan. 20.

Police arrested the couple after autopsy concluded that there was foul play behind the death.

CHC doctors confirmed that the head injuries may have been caused by excessive force inflicted using a blunt object.