Murder charge stands against foster mom; much of case remains sealed

Diane Ramírez, courtesy Ángel Cadena Ramirez.

Did Michelle Morris Kerin really murder Diane Princess Ramirez? The judge wasn’t convinced.

Yes, 17-year-old Diane died an agonizing death in Morris Kerin’s foster home for medically fragile children. Yes, Morris Kerin refused to call 911 when Diane was moaning and vomiting blood, despite explicit instructions to do so. Yes, Diane’s vital signs fluctuated and her skin grew cold to the touch over seven harrowing hours — while Morris Kerin insisted she’d be fine, according to a state report.

But might Ramirez really be alive today had Morris Kerin swiftly sought medical help that terrible night? Diane’s official cause of death on April 6, 2019, was “volvulus,” a twisted intestine that cut off blood supply to her bowels. “The evidence established by experts was, in general, volvulus can be treated by surgery, and the sooner the better,” Riverside County Superior Court Judge Timothy Freer said when he tossed the second-degree murder charge in 2022. “There was no evidence that the volvulus that afflicted Diane was one that could be treated, or one that would have been fatal no matter what.”

So Deputy District Attorney Maureen DuMouchel and company pivoted to Plan B. Another grand jury was empaneled. More witnesses called. More evidence taken.

And in November, a grand jury delivered a new indictment, including a second-degree murder charge against Morris Kerin. She was also charged with involuntary manslaughter, five counts of willful child cruelty, five counts of cruelty to an elder/adult, and three counts of “lewd or lascivious act w/dependent adult by caretaker.”

Michelle Morris Kerin (Courtesy of Riverside County DA)

Her husband, Lawrence Kerin, was charged with involuntary manslaughter, three counts of willful child cruelty, three counts of cruelty to an elder/adult and two counts of “lewd or lascivious act w/dependent adult by caretaker.”

Both have pleaded not guilty.

Lawyers for Morris Kerin asked the court to set aside the indictment. And last week, observers held their breath as the judge weighed that request. Would the murder charge survive?

Motion to set the indictment aside: Denied, the court record says.

This time, it stuck. A trial readiness conference is slated for Nov. 1.

Precisely why, you’re wondering? What’s the new evidence? Who are the new witnesses? What are the details of the latest arguments?

We’d love to be able to tell you that with exactitude, but documents in this case are largely on lockdown. “ORDER DENYING MOTION TO SET ASIDE THE INDICTMENT FILED (CONFIDENTIAL)…. ATTACHMENTS TO PEOPLES OPPOSITION TO CRIMINAL FILED (CONFIDENTIAL) ….DOCUMENT ORDERED SEALED: ATTACHMENTS TO PEOPLES OPPOSITION …. THIS DOCUMENT IS NOT ACCESSIBLE WITHOUT A COURT ORDER,” and on and on.

Larry Kerin with one of the special needs children that he and his wife Michelle Morris adopted. (File photo, Andy Templeton / For Orange County Register)

We’ve asked why. “Court sealed the transcripts and all witness names per PC 938.1 back in 2021. There has been no change to that order,” the defense told us last year.

Look, we’re not lawyers here. But Penal Code 938.1 states that, “If an indictment has been found or accusation presented against a defendant….The transcript shall not be open to the public until 10 days after its delivery to the defendant or the defendant’s attorney. Thereafter the transcript shall be open to the public unless the court orders otherwise …. If the court determines that there is a reasonable likelihood that making all or any part of the transcript public may prejudice a defendant’s right to a fair and impartial trial, that part of the transcript shall be sealed until the defendant’s trial has been completed.”

Many have argued that publicity could poison the jury pool. And truly, no one wants an unfair trial. But we’ll remind you that when lawyers in the alleged Golden State Killer case made those same arguments and documents were sealed, journalists went to court to have them unsealed — and succeeded.

The Morris Kerin case has generated great interest, but it hardly reaches Golden State Killer level.

Diane Ramirez and Jeff Miller at the Spectacular Prom in 2018. (Courtesy Jeff Miller)

These are important documents in a public criminal proceeding against a former state-licensed foster home operator who was allowed to adopt foster children by both Orange and Riverside counties. Morris Kerin was the subject of numerous, serious complaints over more than two decades in both counties. And yet Riverside officials continued to place fragile, vulnerable people in her care.

Of course we want to protect the privacy of the alleged victims — that’s why they were identified only by initials in the public indictment. Why can’t that same thoughtful approach carry through the criminal trial itself?

Cynics might suspect that officials aren’t eager to broadcast just how badly they messed up. Riverside County recently settled a lawsuit with Diane’s parents for $1.75 million.

Others might argue that the judge and attorneys simply aim to protect the integrity of the process and the privacy of the victims, and ensure that justice prevails.

Of course they should do exactly that. But this is public business done in the public’s name. Government may have no greater power than revoking a person’s liberty, and that could be the result of a guilty verdict here. These proceedings should happen in the light, not in the dark.

We suspect Diane would agree.

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