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MARTINEZ, Calif., November 6, 1999 -- In what is believed to be the first case of its type in Contra Costa County, an Antioch mother and her son have been accused of an incestuous relationship that led to the birth of a child, prosecutors say.

If convicted of the felony incest charges, the 43-year-old woman and the man prosecutors say is her 23-year-old son each face up to three years' imprisonment.

They have a 22-month-old girl and prosecutors say the woman is pregnant with her son's second child.

The woman is scheduled to be in Contra Costa Superior Court next week for a hearing on the case. She is being held at the West County Detention Facility in Richmond in lieu of $50,000 bail.

Authorities said the man has fled with the toddler.

''We're not trying to be the moral police,'' said Deputy District Attorney Paul Sequeira, who made the decision to pursue charges. ''They're having children and it looks like they're not going to quit anytime soon. That did put me over the edge.''

Bob Kochly, a county prosecutor for 26 years, said he could not recall the District Attorney's Office ever filing incest charges against consenting adults.

The pair is not being named to protect the identities of the toddler and her half-siblings.

The woman declined a request for an interview. Her attorney, Deputy Public Defender Paul Mariano, could not be reached for comment.

According to police reports, the woman has denied that her boyfriend is her son.

But other relatives told police she has been romantically involved with her son for several years. Sequeira said birth certificates confirm that they are related.

One family member told police the pair slept in the same room and showered together. The relative also said the man was not raised by his mother and left home when he was 5. He lived with different relatives in several states until he moved back with his mother when he was 18.

Up until the arrest, the couple lived in their Antioch home with the toddler and four children, ages 10 to 16, from the woman's relationship with another man, Sequeira said.

The alleged incestuous relationship was brought to the attention of authorities by the woman's 10-year-old daughter, who told school officials she no longer wanted to live at home because her mother wanted her to start calling her half-brother ''daddy.''

That child is in the custody of Child Protective Services. Incest charges were filed against the couple Oct. 25, two months after Antioch police began their investigation.

Arrests and convictions under state penal code 285, the law against incest, are very rare. The state Department of Justice reported eight arrests and three convictions statewide, according to preliminary 1998 data.

Nancy Ettenheim, a Milwaukee County, Wis., assistant district attorney who successfully prosecuted a sister and brother who had four children together, said incest is not a victimless crime.

The man was sentenced to eight years while his sister was sentenced to five years. Their story gained national attention partly because of the rarity of such prosecutions.

Ettenheim said she pursued the case because of the high potential for genetic disorders in children born to blood relatives.

''When you purposefully increase the odds, it's Russian roulette with another person's life,'' she said.

MARTINEZ, Calif., November 13, 1999 -- Police on Friday arrested a 23-year-old Antioch man wanted for allegedly having an incestuous relationship with his mother, leading to the birth of a child.

Like his 43-year-old mother, the man is charged with felony incest. Both face up to three years' imprisonment if convicted.

The couple's names are being withheld to protect the identities of their 22-month-old toddler and her half-siblings.

The mother-son relationship was brought to the attention of authorities by the woman's 10-year-old daughter, who told school officials she no longer wanted to live at home because her mother wanted her to start calling her half-brother Daddy, according to police reports.

Three of the woman's children, who had been missing, were found safe with the man at the house. All the woman's minor children are in the custody of Child Protective Services.

Until their arrests, the couple lived in an Antioch apartment with the toddler and four children from the woman's second marriage.

MARTINEZ, Calif., November 25, 1999 -- A 23-year-old man accused of having a sexual relationship with his mother was released on his own recognizance Wednesday despite a prosecutor's objections.

''Can you stay away from your mother?'' Contra Costa Superior Court Judge John Allen asked the Antioch man.

''Yes,'' the defendant replied quietly.

Deputy District Attorney Paul Sequeira argued against his release, citing evidence that his mother intended to resume the relationship.

The woman was released on her own recognizance last week.

The couple's names are not being disclosed to protect the identities of their 22-month-old toddler and her half-siblings.

Like his 43-year-old mother, the man is charged with felony incest. Both face up to three years' imprisonment if convicted.

The man waived his right to a preliminary hearing and is scheduled to be arraigned Wednesday in Martinez.

MARTINEZ, Calif., July 19, 2000 -- Incest charges against a mother and her son last year were reduced Tuesday after prosecutors determined that the child born to the pair will not suffer long-term disabilities.

The former Antioch woman, 44, and her 23-year-old son pleaded no contest in Contra Costa County Superior Court to charges of felony child endangerment. They each received suspended sentences of two years in state prison.

Genetic tests conducted on the now 2 1/2-year-old girl found no serious abnormalities or long-term disabilities, said Paul Sequeira, deputy district attorney. Once that was determined, he was willing to drop the incest charges, he said.

The pleas mean neither the woman nor her son will be designated as sex offenders.

As conditions of their five-year probation, Judge Laurel Lindenbaum ordered the woman and man to have no contact with each other. They also must comply with any family court rulings concerning their daughter, as well as the woman's four other minor children.

The two did not look at each other during the hearing. Each declined to comment afterward.

The pair's daughter is in a foster home, the woman's attorney said. Four of the woman's children with another man are also in foster care. A fifth is already an adult and not subject to state custody.

According to relatives, the son left home when he was 5, lived with family members in several states and moved back in with his mother at 18.

Their relationship was brought to the attention of police when the woman's 10-year-old daughter told school officials she did not want to live at home because her mother wanted her to call her half-brother ''daddy,'' according to authorities.

Incest charges were filed Oct. 25, and the woman was arrested. Her son fled with their daughter and was arrested Nov. 12 in Lodi. Three of the woman's other children were found with him.

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