Xctasy's mother wants to have more contact with children

SCHENECTADY — Xctasy Garcia’s mother, who was called unfit and a torturer by a judge at her sentencing, is now asking that same judge to relax an order of protection against her.

Delia Hernandez can now only communicate with her children, including Xctasy, by mail. She is asking to be allowed to speak to the children by phone and eventually have personal visits.

She appeared in Schenectady County Court this week after submitting the request by letter.

“I just want a chance to build a bond with my children,” Hernandez wrote in her letter to the court.

She noted she has been working on her General Equivilency Diploma while in prison and following the plan given to her by prison officials.

Drago this week ordered Hernandez’ attorney, Stephen Rockmacher, to turn the letter into a formal motion, with a decision scheduled for March 4. Prosecutor Michele Schettino indicated that her office will oppose the motion.

Drago left open the possibility of reappointing a law guardian to represent the children. She said she also may leave that responsibility with the district attorney’s office.

Hernandez was sentenced by Drago in March 2007 to seven years in state prison for her role in the abuse inflicted upon the then-4-year-old Xctasy in a State Street motel room. She pleaded guilty to one count of second-degree assault, admitting to forcing the girl to kneel in a corner for an extended period, causing multiple bruises to her knees and legs.

The plea did not address the worst of the abuse, including what prosecutors say was the child’s near-blinding when bleach was placed in her eyes. That was left for her one-time boyfriend, Jose Munoz, who is serving a 17-year sentence for his assault on Xctasy and her half-brother.

Munoz admitted to breaking Xctasy’s arm, nearly blinding her with a mixture of soap and bleach and using a cigarette to burn the arm of her half-brother, Hennessey Velazquez.

Along with her sentence, Hernandez was given a 12-year order of protection to stay away from her three children, Xctasy, Hennessey and Damien Munoz. She is seeking to modify that order.

Hernandez won’t be up for parole until April 2012, with her earliest release date set for that June, records show.