Mediation will begin soon and be overseen by a visiting judge in a Hunt County Texas capital murder case. The mediation will address issues between the defense and the prosecution. Judge Clayton was appointed in March by the 354^th District Court Judge as a mediator in the case.

According to court information, Gabriela Ortiz is charged with capital murder in July 2011 death of two year old Brandon Herrera. The judge indicated the case could still be heard by a jury, but is hoping mediation will provide an opportunity for parties to agree upon all the issues that are necessary to resolve the case. The judge proposed conducting mediation hearings in the Hunt County Courthouse. Like all mediations, any settlement will only be binding if both the defense and prosecution agree.

The mediation is conducted according to Article 26.13 of the Texas Code of Criminal Procedure. According to the code, the conditions under which a plea of guilty or no contest may be accepted by the court.

The mediation will address the fact that Ortiz is being held in a county jail in lieu of $1.12 million bond. The district attorney’s office indicated it is not seeking the death penalty if she is convicted. Another person involved in the case, Arturo Aguilar Vega, pleaded guilty in October to one count of capital murder and was sentences to life in prison with no parole. Vega was due to testify at Ortiz’s trial.

The charges claim Ortiz hit the two year old with a belt buckle, a sander, her hands, sticks, and other objects. She is also accused of causing the child to become dehydrated and malnourished.