Aaron Martinez

El Paso Times

Testimony continued Tuesday in the retrial of a man accused of killing a foster baby left in his custody in 2012.

Antonio Lopez, 30, is facing one count of capital murder of a person under 6 years old in connection with the death of 11-month-old Jayla Beckley on July 27, 2012. His original trial last year was declared a mistrial due to a deadlocked jury.

Lopez originally went on trial in March. A mistrial was declared by 171st District Court Judge Bonnie Rangel after a jury was unable to reach a unanimous verdict after more than two days of deliberations.

Three jurors said they believed Lopez was guilty, but the remaining nine said they had not reached a decision due mostly to “lack of evidence," the El Paso Times previously reported.

Testimony in the retrial Tuesday mostly focused on an alleged confession Lopez gave to an El Paso Police Department detective during a recorded interview at the department's headquarters.

Lopez already had been interviewed by police, but called 911 at about 2 a.m. Aug. 1, 2013, asking to speak with a detective.

Police Detective Jerome Hinojos then conducted an interview with Lopez at about 3:15 a.m. at the headquarters, Hinojos testified.

Prosecutors Alyssa Nava and Bill Anderson played a video recording of the interview to a jury of seven women and five men. An additional man and woman are sitting in as alternates.

Lopez admits in the video that he went to pick up Jayla from a crib, but she did not want to be in his arms.

He then allegedly put her on the ground and stomped on her at least two times.

"I just pick her up from the crib. ... She didn't want to be with me," Lopez says in the recording. "I put her on the floor and stomped on her. I don't know why. I don't know what happened. Something came over me."

He adds, "I was just upset and stomped on her. ... I don't know, detective, honestly don't think I woke up with that mentality to do it."

Lopez then says he picked her up and put her back in the crib.

"She didn't cry," Lopez says in the recording. "I guess she was gasping for air and I felt her go limp."

He then says he called his wife for help.

Hinojos then asks Lopez whether he feels he should be punished for Jayla's death.

Lopez replies, "I made a mistake and I have to pay for it. ... Never in my life would I ever think I would do something like this."

Defense lawyers Robin Norris and Jaime Gandara focused their questioning of Hinojos on the police investigation.

Hinojos said that there were more than 10 people, including several other foster children, in the house before Jayla's death.

Most of the people were excluded as suspects due to police believing they had left the home before Jayla was killed, Hinojos testified. Two of the foster children were ruled out as suspects since they were younger than 4 years old and police believed they were not capable of committing the crime.

Testimony is expected to continue at 8 a.m. Wednesday.

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.