Dad guilty in assault of 4-month-old daughter (Toledo, Ohio)

Dad JOSE DIAS has been convicted of assaulting his 4-month-old daughter, who suffered skull fractures, rib fractures and broken legs "while in her father's care." Though this took place 6 months ago, the baby is still in foster care with the mother limited to "contact." This despite the fact that nothing in this article indicates that the mother had anything to do with the injuries.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100413/NEWS02/4130346

Article published April 13, 2010
Dad guilty in assault of infant girl

By ERICA BLAKE
BLADE STAFF WRITER

Anabelle Dias was just 4 months old when she was taken to a hospital with skull fractures, rib fractures, and broken legs - all injuries authorities said she incurred while in her father's care.

Six months later, she continues to recover in foster care and Jose Dias has been convicted of assaulting his infant daughter.

Dias, 45, of 1971 Summit St. entered an Alford plea in Lucas County Common Pleas Court yesterday to one count each of child endangering and felonious assault. He faces up to 16 years in prison when sentenced April 29, but a negotiated agreement recommends Judge Ruth Ann Franks order the sentences to run concurrently.

Assistant County Prosecutor Tim Braun told Judge Franks yesterday that little Anabelle was "violently injured" in early October. Emergency crews were called to the home and the infant was taken to a hospital, where she slipped into a coma and remained unconscious for several weeks.

Prior to that, Mr. Braun said, the child was in the care of Dias, who had told family members she had stopped breathing.

"The defendant made comments [to authorities] that he struck the baby's back in an attempt to get her to breathe," Mr. Braun said in court, adding the story was "not consistent with her broken bones."

Dias was initially charged with two counts each of felonious assault and child endangering because doctors determined the baby suffered not only from recent injuries, but also had fractured bones that were healing. The two charges will be dismissed as part of the plea agreement because it would be difficult to prove who inflicted the old injuries, authorities said.

In an Alford plea, the defendant maintains innocence or does not admit committing a crime but pleads guilty because he or she decides it's in his or her best interest. The court treats it as a guilty plea.

When accepting the plea, Judge Franks noted that there was "overwhelming evidence" to find Dias guilty.

Mr. Braun said despite the "terrible bleeding" in the brain that the infant experienced, she has shown significant signs of improvement and has begun to crawl. He added it is difficult to know what long-term impact the head injuries may cause.

The girl remains in the custody of Lucas County Children's Services, but the mother and other family members have remained in contact, he said.