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Parents to stand trial in child's death

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Bill Hetherman

Whittier Daily News

A Rowland Heights woman and her husband have been ordered to stand trial in the Nov. 2 death of their adopted daughter.

According to testimony during a preliminary hearing Thursday, 22-month-old Ellana tool known as a Chinese stick, suffered removal of her nipples and had fingernail impressions on part of her body.

The girl died of blunt-force trauma and had injuries over her entire body, Dr. Joseph Halka, a pathologist, testified Thursday. He said the injuries most likely were deliberate.

"If this isn't torture, what is?" Deputy District Attorney Craig J. Mitchell asked.

Pomona Superior Court Judge Bruce F. Marrs agreed as he held Dianne Buu Lin and her husband, Perry Yu Lin, over for trial. Dianne Lin is charged with murder, assault on a child causing death and torture.

Perry Lin is charged with being an accessory after the fact. Both are 37.

"I can only conclude that it is torture, whether deliberate or intentional," Marrs said. "It could have been for revenge, it could have been for persuasion or perhaps for a sadistic purpose."

The autopsy photos of the child support the notion the alleged abuses were for sadistic reasons, Marrs said. He denied a motion by Dianne Lin's lawyer, Christopher Chaney, to dismiss the torture charge and special circumstance allegation.

Marrs also denied a motion to set bail for Dianne Lin at $1 million. She was previously free on that amount of bond, but bail was revoked when the torture special circumstance was filed.

Dianne Lin could be sentenced to life in prison without the possibility of parole if convicted of all charges and the torture special circumstance.

Perry Lin faces up to three years in prison if found guilty of the one count.

The Lins, who came from Taiwan, adopted the girl legally from China, Mitchell said.

During other testimony Thursday, Sheriff's Detective Todd Megerle said he sat in on an interview when Perry Lin told another detective that the couple took the baby to St. Jude Medical Center in Fullerton after she was hurt, allegedly by falling off a bed and landing on her head.

Perry Lin said they went directly to the hospital because they were familiar with it, Megerle said. Perry Lin added they did not think of calling 9-1-1, Megerle said.

In an interview with Dianne Lin, she told a detective she regularly hit the baby, Megerle testified. Megerle also was present for that interview, he said.

The Chinese stick Dianne Lin admitted wielding against the child is made of wood, metal and plastic, Megerle said.

Dianne Lin admitted cleaning up blood from a carpet in the home, Megerle said.

Dianne Lin fought back tears as she listened during Thursday's testimony, often dabbing below her eyes with facial tissue.

Dianne Lin was pregnant when she was arrested and gave birth to a baby girl in March. The baby will likely be given up for adoption, Chaney said.

The Lins will be arraigned again July 22 in Pomona Superior Court.

2004 Jul 9