Torture allegations stand in toy box murder case

<p>A Sonoma County judge Friday denied a defense motion to dismiss torture allegations and other special circumstances against a Santa Rosa man accused of stabbing his girlfriend 68 times and stuffing her body in a toy box over Mother's Day weekend last year.</p><p>Judge Ken Gnoss said there was enough evidence at a preliminary hearing to justify the allegations against Honorio Victor Pantaleon, 31, accused of first-degree murder in the slaying of Patricia Barrales, 25, in their Rincon Valley apartment.</p><p>Also, Gnoss denied a defense motion to dismiss charges filed in Mendocino County, where Pantaleon is accused of trying to kill his mother-in-law after the stabbing.</p><p>If convicted of all charges, Pantaleon faces the possibility of life in prison without parole. Prosecutors said they will not seek the death penalty.</p><p>Pantaleon has entered a dual plea of not guilty and not guilty by reason of insanity. A psychiatric report is expected Thursday and a trial is set for Oct. 26.</p><p>He's accused of one of the more gruesome crimes in recent Sonoma County history.</p><p>Police said on May 10, 2008, he attacked Barrales, stabbing her 22 times in the head and neck alone and leaving a knife blade in one of her eyes. The couple's children, ages 4 and 2 at the time, were in the apartment.</p><p>Detectives said he then wrapped her body in a blanket and shoved it into a 30-gallon tub, which he stored in the back of the children's closet.</p><p>After the killing, Pantaleon dropped off the children with their birth certificates and family dog at his mother's house in Kelseyville, investigators said.</p><p>Then, on May 12, he is accused of trying to shoot Barrales' mother in Mendocino County, but the gun didn't fire. He was arrested the same day in Ukiah.</p><p>At his preliminary hearing, a forensic pathologist said Barrales' injuries were consistent with torture. Dr. Kelly Arthur testified that S-shaped marks were scrawled on her body during a 15-minute attack and that the majority of her wounds happened while she was still alive.</p><p>On Friday, Gnoss said he reviewed transcripts and photographs. The wounds to the eyes “clearly were horrendous,” he said, but alone were not evidence of torture. However, the number of stab wounds suffered by the victim before her death and the use of multiple weapons were, he said.</p><p>Gnoss upheld the previous ruling from Judge Elliot Daum.</p><p>A defense motion argued testimony in the preliminary hearing failed to prove pain and suffering for sadistic purposes - findings necessary for torture and special circumstances.</p><p>Pantaleon, an undocumented immigrant with a criminal past, was in court Friday. Dressed in a blue jail jumpsuit, he listened to the proceedings with the assistance of an interpreter.</p><p>Family members said he had long-standing ill feelings toward Barrales' family, especially her mother. He had been depressed and was unhappy that his wife made more money than he did, his family said.</p><p>In previous testimony, he said he heard voices in his head and claimed Barrales' family put a snake in his stomach.</p>