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Jimena Barreto, 47, the former nanny who was convicted of second-degree murder for the deaths of Danville residents Troy and Alana Pack in 2003, had her appeal to the California Supreme Court declined without comment in an order issued Wednesday.
Barreto was convicted in Contra Costa County Superior Court in 2005 for striking the children, ages 10 and 7, with her Mercedes as they rode their scooter and bicycle along Camino Tassajara near their home while their mother Carmen Pack walked with them along with other friends.
Barreto’s conviction after a three-week trial was for two counts of second-degree murder; driving under the influence of alcohol, prescription drugs or both; leaving the scene of an accident; and driving with a suspended license. She is currently serving a 30-year prison term at a California women’s prison in Chowchilla.
Her lawyer in the state appeal has said she has the option of continuing her appeal in federal courts by filing a habeas corpus petition concerning jury instructions on the concept of implied malice.
Carmen Pack and her husband Bob began the Troy and Alana Pack Foundation to work for stricter legislation on driving under the influence of drugs and alcohol, as well as to promote traffic safety. Its program Street Smarts is a joint effort by local towns and schools to make children aware of safety and the dangers from traffic.
The Packs worked with state legislators to pass Senate Bills 1694-98 regarding DUIs as well as legislation on monitoring drug prescriptions. They are currently working to toughen hit-and-run laws.
The Foundation is also collaborating with the University of Southern California’s School of Cinematic Arts to produce a movie aimed at the teen market to highlight possible consequences of driving under the influence.
Bob and Carmen Pack had another daughter, Noelle Corinne Pack, born to them last May 29.
