Father ABIDAN ELIEL GARCIA VASQUEZ is charged with three counts of felony child child endangerment for leaving a three-year-old and a one-year-old at home alone while he went out drinking. The three-year-old was found wandering around with inadequate clothing, and the one-year-old showed distinct signs of abuse (including sexual abuse?) and neglect: a severe rash and abscesses on her legs and genital area. No mention of a mother at all. Custodial father?
http://www.mercurynews.com/breakingnews/ci_12724749?nclick_check=1
Father who left kids home alone to go drinking takes plea deal
Bay City News Service
Posted: 06/30/2009 02:53:16 PM PDT
Updated: 06/30/2009 02:53:17 PM PDT
A 22-year-old man accused of leaving his two young children home alone to go out drinking avoided prison time in a plea deal with prosecutors in San Mateo County Superior Court on Monday.
Abidan Eliel Garcia Vasquez had been charged with three felony counts of child endangerment, which carried a sentence of more than seven years in state prison, according to Chief Deputy District Attorney Steve Wagstaffe.
However, on Monday he pleaded no contest to two misdemeanor counts of child endangerment and now faces up to six months in county jail, Wagstaffe said.
Vasquez's 3-year-old son was found the night of March 28 wandering alone in an unincorporated Redwood City neighborhood, shivering and clad only in a T-shirt and shorts.
San Mateo County sheriff's deputies learned the boy lived in a nearby home occupied by two families. When they went to the home, they found cockroaches, garbage and rotting food throughout the house and an open beer bottle on the floor, Wagstaffe said.
Also at the home was a 1-year-old girl with a severe rash and abscesses on her legs and genital area, Wagstaffe said.
Authorities discovered Vasquez had allegedly left the home around 9 p.m. after the children were asleep to go out drinking, and did not ask anyone to watch them, Wagstaffe said.
Vasquez is scheduled to be sentenced July 28.
Wednesday, July 1, 2009
Tuesday, June 30, 2009
Dad suspected of smothering 3 different babies (North Somerset, United Kingdom)
This is a kind of confusing article. Here's the short version: UNNAMED DAD is suspected in the smothering of three infants by two different mothers. Previously, the mother of the first two infants had been blamed for injuring baby #2. But when baby #3 with a new mother (same dad) showed similar injuries, the authorities started to connect the dots.
http://www.thewestonmercury.co.uk/content/twm/news/story.aspx?brand=Westonmercury&category=news&tBrand=westonmercury&tCategory=znews&itemid=WeED30%20Jun%202009%2015%3A20%3A28%3A353
Baby death inquiry re-opened
30 June 2009
AN INVESTIGATION into the death of a baby in North Somerset is being re-opened after 10 years.
London's Civil Appeal Court was told the child, known only as Baby A for legal reasons, died in 1999 after what was then judged birth-related pneumonia.
But after her half-brother was taken to hospital with similar symptoms, it was decided inquiries should be reassessed. Baby B, the sister of Baby A, was born in 2000 and suffered a broken leg when she was just a few weeks old. The 'non accidental injury' was blamed on her mother.
But in 2008, after the two girls' father had another child, known as Baby C, with another woman, the youngster was taken into hospital on two occasions.
When Baby C was just a week old he had blood in his sick - the same symptoms recorded in Baby A before her death. On a second hospital visit, Baby C was found to have multiple rib fractures.
It was also revealed Baby B had had blood in her vomit during the first few weeks of her life.
When the revelations came to light, Baby C and his sister, Baby D, were taken into care by North Somerset Council. Health professionals are now worried Babies A, B and C may have been the victims of smothering by their father - as he is the only link between the three youngsters.
The council's lawyers said the three babies all had very similar respiratory problems.
Baby B's mother is hoping to clear her name at an appeal, as she was blamed for the injuries caused to her child.
It is expected the case will be re-opened at an appeal court later this year. The outcome of Baby B and her mother's appeal could influence the futures of Babies C and D.
http://www.thewestonmercury.co.uk/content/twm/news/story.aspx?brand=Westonmercury&category=news&tBrand=westonmercury&tCategory=znews&itemid=WeED30%20Jun%202009%2015%3A20%3A28%3A353
Baby death inquiry re-opened
30 June 2009
AN INVESTIGATION into the death of a baby in North Somerset is being re-opened after 10 years.
London's Civil Appeal Court was told the child, known only as Baby A for legal reasons, died in 1999 after what was then judged birth-related pneumonia.
But after her half-brother was taken to hospital with similar symptoms, it was decided inquiries should be reassessed. Baby B, the sister of Baby A, was born in 2000 and suffered a broken leg when she was just a few weeks old. The 'non accidental injury' was blamed on her mother.
But in 2008, after the two girls' father had another child, known as Baby C, with another woman, the youngster was taken into hospital on two occasions.
When Baby C was just a week old he had blood in his sick - the same symptoms recorded in Baby A before her death. On a second hospital visit, Baby C was found to have multiple rib fractures.
It was also revealed Baby B had had blood in her vomit during the first few weeks of her life.
When the revelations came to light, Baby C and his sister, Baby D, were taken into care by North Somerset Council. Health professionals are now worried Babies A, B and C may have been the victims of smothering by their father - as he is the only link between the three youngsters.
The council's lawyers said the three babies all had very similar respiratory problems.
Baby B's mother is hoping to clear her name at an appeal, as she was blamed for the injuries caused to her child.
It is expected the case will be re-opened at an appeal court later this year. The outcome of Baby B and her mother's appeal could influence the futures of Babies C and D.
Dad bites seven-month-old daughter (Carlisle, United Kingdom)
Father PAUL WYLLIE bit his seven-month-old daughter on the upper thigh because of "frustration." At first he denied it, but analysis of the bite mark proved it was good old dad. So he finally 'fessed up.
http://www.newsandstar.co.uk/news/prison_for_carlisle_dad_who_bit_baby_daughter_on_thigh_1_575866?referrerPath=home
Prison for Carlisle dad who bit baby daughter on thigh
By Staff Reporter
Last updated 11:44, Tuesday, 30 June 2009
A Carlisle man who bit his baby daughter and then tried to pin the blame on other members of his family was jailed for 20 months yesterday after admitting his guilt.
Paul Wyllie, 22, was brought to justice only after an alert relative spotted the injury on the upper thigh of the seven-month-old baby girl.
After hearing the sentence, police said the case showed the vital role that relatives can play in protecting children who may be at risk.
Carlisle Crown Court judge, Paul Batty QC, said the nature of the offence could be fully reported after ruling that it would be in the public interest to do so.
Wyllie, of Henderson Road, Currock, had initially denied doing anything wrong, claiming that it had been another member of his family who was responsible. But an analysis of the bite mark found on the little girl’s leg led an expert to conclude that the injury had in all probability been caused by the defendant, who admitted one count of child cruelty.
Alan Lovett, prosecuting, outlined how the baby had been living with Wyllie and the child’s mother when the attack happened. Wyllie and the mother took the child, in her pyjamas, to the female relative, who later in the evening noticed the bite mark on the baby’s upper thigh as she was changing her nappy.
“She confronted them about the matter and the defendant’s response was: ‘It wasn’t me.’”
At the relative’s insistence, the child was taken to a GP the following day. A dental specialist who examined the wound said it must have caused the baby considerable pain and made her cry.
Greg Hoare, for Wyllie, said that Wyllie committed the offence as a result of his frustration rather than any desire to harm his daughter. He said:
“He accepts that he there was a serious failing on his part. He how intends to return to Scotland. He has a new partner and intends to go back to south Ayrshire and have no contact at all [with the child].”
Passing sentence, judge Batty told Wyllie:“You broke the sacred trust which should exist between father and child because you were angry; because you lost your temper and for no other reason you did a brutal act on that baby.”
A police spokeswoman said: “This case shows the important role that relatives can play in keeping children safe.”
http://www.newsandstar.co.uk/news/prison_for_carlisle_dad_who_bit_baby_daughter_on_thigh_1_575866?referrerPath=home
Prison for Carlisle dad who bit baby daughter on thigh
By Staff Reporter
Last updated 11:44, Tuesday, 30 June 2009
A Carlisle man who bit his baby daughter and then tried to pin the blame on other members of his family was jailed for 20 months yesterday after admitting his guilt.
Paul Wyllie, 22, was brought to justice only after an alert relative spotted the injury on the upper thigh of the seven-month-old baby girl.
After hearing the sentence, police said the case showed the vital role that relatives can play in protecting children who may be at risk.
Carlisle Crown Court judge, Paul Batty QC, said the nature of the offence could be fully reported after ruling that it would be in the public interest to do so.
Wyllie, of Henderson Road, Currock, had initially denied doing anything wrong, claiming that it had been another member of his family who was responsible. But an analysis of the bite mark found on the little girl’s leg led an expert to conclude that the injury had in all probability been caused by the defendant, who admitted one count of child cruelty.
Alan Lovett, prosecuting, outlined how the baby had been living with Wyllie and the child’s mother when the attack happened. Wyllie and the mother took the child, in her pyjamas, to the female relative, who later in the evening noticed the bite mark on the baby’s upper thigh as she was changing her nappy.
“She confronted them about the matter and the defendant’s response was: ‘It wasn’t me.’”
At the relative’s insistence, the child was taken to a GP the following day. A dental specialist who examined the wound said it must have caused the baby considerable pain and made her cry.
Greg Hoare, for Wyllie, said that Wyllie committed the offence as a result of his frustration rather than any desire to harm his daughter. He said:
“He accepts that he there was a serious failing on his part. He how intends to return to Scotland. He has a new partner and intends to go back to south Ayrshire and have no contact at all [with the child].”
Passing sentence, judge Batty told Wyllie:“You broke the sacred trust which should exist between father and child because you were angry; because you lost your temper and for no other reason you did a brutal act on that baby.”
A police spokeswoman said: “This case shows the important role that relatives can play in keeping children safe.”
Stepdad gets five-month-term for molesting stepdaughter (New Hanover County, North Carolina)
Stepdad MICHAEL JARIUS WHITLEY, JR. has pleaded guilty to "incest" with his stepdaughter in return for having second-degree rape charges dropped. He'll serve just five months in prison. When he gets out and is on probation, he'll be allowed to live with the young sons of his current domestic partner. Disgusting.
http://www.starnewsonline.com/article/20090629/ARTICLES/906299979/1177?Title=Man-pleads-guilty-to-incest-in-New-Hanover-Court
Man pleads guilty to incest in New Hanover Court
Michael Jarius Whitley Jr. gets five-month term
By Veronica GonzalezVeronica.Gonzalez@StarNewsOnline.com
Published: Monday, June 29, 2009 at 5:12 p.m.
Last Modified: Monday, June 29, 2009 at 5:12 p.m.
A 43-year-old man pleaded guilty to incest Monday in New Hanover County Superior Court and was sentenced to five months in prison followed by five years supervised probation.
Michael Jarius Whitley Jr., who lives in Utah, must also register as a sex offender. In return for a guilty plea, a second-degree rape charge against Whitley was dropped.
The charge involved Whitley’s former stepdaughter. The StarNews does not name victims of sexual crimes.
When the judge asked him if he was pleading guilty and he said “Yes,” the victim, who is 20 years old now, quietly mouthed “Thank you” to herself while squeezing her mother’s hand in court. It took five years for the victim, then 16, to come forward and tell her mother that Whitley had been sexually abusing her.
Connie Jordan, assistant district attorney, said after the victim told her mother in May 2006 about the abuse, a recording was made where Whitley admitted the abuse to the victim’s mother. However, the recording was inaudible.
Before Monday, there had been several attempts over the past few years to resolve the case that never panned out. On Monday, the plea agreement threatened to fall apart because Whitley, who had raised the girl since she was 3, said he was displeased with his attorney, Assistant Public Defender Nora Hargrove, because she didn’t explore certain avenues of investigation. He didn’t give specifics. Hargrove said her client had wanted the proceedings to take place in private.
“No,” Superior Court Judge John Nobles said firmly before resuming the proceeding.
Before Whitley was sentenced, he stood up and said he was sorry for the circumstances “and what happened.”
Whitley will be allowed to be around the young sons of his current domestic partner, but he is prohibited from living with girls under 18. Also, he will continue to be able to work in computer services at the University of Utah where he cleans computers. His job entails wiping out images that might be prohibited by his conviction as a sex offender, but Nobles ruled Whitley must do his job at work, not home.
The mother of the victim said she was married to Whitley for nearly 15 years, but never knew what had been going on. She had noticed her daughter was depressed, withdrawn and couldn’t go to school. When her daughter finally told her, the victim’s mother said she felt guilty and wondered how it could have happened.
“I was laying down every night with the bad guy not knowing it,” she said.
In court, the victim’s mother talked about the impact of Whitley’s actions on her and her daughter.
“He robbed her of so many beautiful, first-time intimate experiences,” the mother said, adding she couldn’t caress her daughter on the face to wake her up and that her daughter feared men who are strangers. “I grieve silently in my mind for her. ... After today, I think (the victim’s) and my world will make sense.”
http://www.starnewsonline.com/article/20090629/ARTICLES/906299979/1177?Title=Man-pleads-guilty-to-incest-in-New-Hanover-Court
Man pleads guilty to incest in New Hanover Court
Michael Jarius Whitley Jr. gets five-month term
By Veronica GonzalezVeronica.Gonzalez@StarNewsOnline.com
Published: Monday, June 29, 2009 at 5:12 p.m.
Last Modified: Monday, June 29, 2009 at 5:12 p.m.
A 43-year-old man pleaded guilty to incest Monday in New Hanover County Superior Court and was sentenced to five months in prison followed by five years supervised probation.
Michael Jarius Whitley Jr., who lives in Utah, must also register as a sex offender. In return for a guilty plea, a second-degree rape charge against Whitley was dropped.
The charge involved Whitley’s former stepdaughter. The StarNews does not name victims of sexual crimes.
When the judge asked him if he was pleading guilty and he said “Yes,” the victim, who is 20 years old now, quietly mouthed “Thank you” to herself while squeezing her mother’s hand in court. It took five years for the victim, then 16, to come forward and tell her mother that Whitley had been sexually abusing her.
Connie Jordan, assistant district attorney, said after the victim told her mother in May 2006 about the abuse, a recording was made where Whitley admitted the abuse to the victim’s mother. However, the recording was inaudible.
Before Monday, there had been several attempts over the past few years to resolve the case that never panned out. On Monday, the plea agreement threatened to fall apart because Whitley, who had raised the girl since she was 3, said he was displeased with his attorney, Assistant Public Defender Nora Hargrove, because she didn’t explore certain avenues of investigation. He didn’t give specifics. Hargrove said her client had wanted the proceedings to take place in private.
“No,” Superior Court Judge John Nobles said firmly before resuming the proceeding.
Before Whitley was sentenced, he stood up and said he was sorry for the circumstances “and what happened.”
Whitley will be allowed to be around the young sons of his current domestic partner, but he is prohibited from living with girls under 18. Also, he will continue to be able to work in computer services at the University of Utah where he cleans computers. His job entails wiping out images that might be prohibited by his conviction as a sex offender, but Nobles ruled Whitley must do his job at work, not home.
The mother of the victim said she was married to Whitley for nearly 15 years, but never knew what had been going on. She had noticed her daughter was depressed, withdrawn and couldn’t go to school. When her daughter finally told her, the victim’s mother said she felt guilty and wondered how it could have happened.
“I was laying down every night with the bad guy not knowing it,” she said.
In court, the victim’s mother talked about the impact of Whitley’s actions on her and her daughter.
“He robbed her of so many beautiful, first-time intimate experiences,” the mother said, adding she couldn’t caress her daughter on the face to wake her up and that her daughter feared men who are strangers. “I grieve silently in my mind for her. ... After today, I think (the victim’s) and my world will make sense.”
Babysitting boyfriend beats 2-year-old to death (St. Louis, Missouri)
Babysitting boyfriend MONTRELL MOORE is charged with first-degree murder, felony abuse of a child, and felony endangerment of a child in the beating death of his girlfriend's two-year-old son. The child died of blunt force trauma, and also had a lacerated liver and spleen. The mother worked the night shift, and required childcare. It's too bad there are not many childcare options open to mothers who are forced to work nights, because these sorts of crimes happen when working moms are forced to rely on boyfriends, daddies, and the like.
http://www.stltoday.com/stltoday/news/stories.nsf/laworder/story/8E8EFC1C0C45D528862575E5005282BE?OpenDocument
Funeral still not set for slain toddler
By Carolyn Tuft
ST. LOUIS POST-DISPATCH
06/30/2009
ST. LOUIS -- The grandfather of a toddler who prosecutor's say died at the hands of the boyfriend of the child's mother said that his daughter was a good mother to her children.
Samar "Sam" Brown, 2, of St. Louis, died Saturday after he was rushed to a St. Louis hospital. On Monday, St. Louis prosecutors charged the boyfriend -- Montrell Moore, 23, of the 2000 block of Destrehan Street near the city's Hyde Park -- with first-degree murder, felony abuse of a child and felony endangering the welfare of a child. Moore is being held in the St. Louis city jail in lieu of a $1 million cash-only bond.
Samar's grandfather -- Larry Coates Sr. of Cahokia -- said this morning that Samar's mother was still working on funeral arrangements. He said that his daughter -- Lacy Coates, 27, of St. Louis -- is distraught over her only son's death. She had been dating Moore since December and Moore was watching the child for her while she worked an overnight shift.
Coates Sr. said that he had a stroke in the past year and had not seen his grandson Samar since then because the child was allergic to dogs. Coates Sr. has two dogs at his home."I regret that more than anything that because of the dogs I didn't get to see him very much," Coates Sr. said today.
The family will be releasing where a funeral will be held as soon as the arrangements are made, he said. Lacy Coates also has a daughter, 9, Coates Sr. said.
Police said that at 8:10 a.m. on Saturday, an ambulance arrived at an apartment where Samar Brown was staying in the 1900 block of Mallinckrodt Street, a few blocks from Moore's home. Police said that Moore is the boyfriend of Samar's mother.
When paramedics arrived at the home, Samar was not breathing and was unresponsive. He was pronounced dead at 8:51 a.m. on Saturday.
The St. Louis medical examiner conducted an autopsy and found the child had died from blunt force trauma. Samar also suffered a lacerated spleen, a lacerated liver and other internal injuries, O'Sullivan said.
After an investigation by homicide detectives, police discovered that Moore had killed the child, O'Sullivan said.
http://www.stltoday.com/stltoday/news/stories.nsf/laworder/story/8E8EFC1C0C45D528862575E5005282BE?OpenDocument
Funeral still not set for slain toddler
By Carolyn Tuft
ST. LOUIS POST-DISPATCH
06/30/2009
ST. LOUIS -- The grandfather of a toddler who prosecutor's say died at the hands of the boyfriend of the child's mother said that his daughter was a good mother to her children.
Samar "Sam" Brown, 2, of St. Louis, died Saturday after he was rushed to a St. Louis hospital. On Monday, St. Louis prosecutors charged the boyfriend -- Montrell Moore, 23, of the 2000 block of Destrehan Street near the city's Hyde Park -- with first-degree murder, felony abuse of a child and felony endangering the welfare of a child. Moore is being held in the St. Louis city jail in lieu of a $1 million cash-only bond.
Samar's grandfather -- Larry Coates Sr. of Cahokia -- said this morning that Samar's mother was still working on funeral arrangements. He said that his daughter -- Lacy Coates, 27, of St. Louis -- is distraught over her only son's death. She had been dating Moore since December and Moore was watching the child for her while she worked an overnight shift.
Coates Sr. said that he had a stroke in the past year and had not seen his grandson Samar since then because the child was allergic to dogs. Coates Sr. has two dogs at his home."I regret that more than anything that because of the dogs I didn't get to see him very much," Coates Sr. said today.
The family will be releasing where a funeral will be held as soon as the arrangements are made, he said. Lacy Coates also has a daughter, 9, Coates Sr. said.
Police said that at 8:10 a.m. on Saturday, an ambulance arrived at an apartment where Samar Brown was staying in the 1900 block of Mallinckrodt Street, a few blocks from Moore's home. Police said that Moore is the boyfriend of Samar's mother.
When paramedics arrived at the home, Samar was not breathing and was unresponsive. He was pronounced dead at 8:51 a.m. on Saturday.
The St. Louis medical examiner conducted an autopsy and found the child had died from blunt force trauma. Samar also suffered a lacerated spleen, a lacerated liver and other internal injuries, O'Sullivan said.
After an investigation by homicide detectives, police discovered that Moore had killed the child, O'Sullivan said.
Caretaking dad on trial for death of 4-month-old girl (Las Cruces, New Mexico)
"Caretaking" father ROBERT J. FLORES is accused on intentional child abuse in the death of his four-month-old daughter. According to Flores, he left the child unattended--he put her in a laundry basket with unfolded clothes in the closet? Huh?--while he went out to buy beer. An hour later he came home, and the baby was "unresponsive" when he remembered to look for her. Mom was at work at the time.
http://www.currentargus.com/ci_12718168
Accused father moves to suppress statement made after baby's death
By Ashley MeeksFor the Current-Argus
Posted: 06/29/2009 09:42:21 PM MDT
LAS CRUCES — A motion to suppress the statement of Robert J. Flores on the night his daughter died was partially heard Friday before lunch recess by Third Judicial District Court Judge Stephen Bridgforth.
Flores, 24, has pleaded not guilty to a charge of intentional child abuse resulting in the 2007 death of his daughter, 4-month-old Kalynne Flores. A conviction is punishable by life in prison. He is free on $150,000 bond.
Flores is a former resident of Artesia, where he was a standout player for the high school football team.
A new hearing time, during which the prosecution plans to call two more Las Cruces police officers as witnesses, had not been scheduled by the end of business Friday, said District Attorney Susana Martinez.
Flores picked up his daughter from a baby-sitter the evening of Dec. 5 and bought beer on his way to the home he and Kalynne's mother, nurse Deserii Cortez, rented from Flores' maternal uncle, Las Cruces police detective Oscar Alvarado, according to court records.
Flores allegedly told police he placed his daughter in a laundry basket full of unfolded clothing and put the basket in a closet because he did not want neighbors to hear the baby cry while he was out purchasing more beer. Flores told police he was gone for about an hour and didn't immediately check on his daughter, but did so some time later and found her unresponsive.
Cortez was working at a hospital until 3:30 a.m. the night her daughter died. The state's
medical investigator ruled the child died of asphyxia.
District Attorney Susana Martinez argued Friday Flores' statements at the hospital, when he had his blood drawn about two hours after his daughter was declared dead, and to LCPD officers the morning of Dec. 6 were made freely.
"'Are you trying to determine if I'm under the influence of any medication or anything?'" Martinez said Flores asked when an LCPD officer asked to draw his blood. "And then the question back from the detective (was) 'Are you under the influence of anything?' And then that's when he had that discussion about, that he'd had some beer, that the doctor had asked him if he had been drinking, because he smelled the odor of alcohol on him."
LCPD Detective Edgar Rosa, who questioned Flores that morning, said Flores told him and his partner that after finding his daughter dead and realizing he needed to call 911, he decided "to throw out the beer, because he said it would look bad."
Flores was neither handcuffed nor patted down Dec. 6, said Rosa, who said his area of expertise was child abuse investigations.
"Compared to other parents (after accidents) ... he just wasn't showing that much emotion. He was scared about himself, but he wasn't showing that much emotion about that child," Rosa testified.
Alvarado, who said he was a Metro Narcotics agent at the time of the child's death, disputed that in testimony.
"He had his head down, seemed distraught," Alvarado said of Flores' behavior at the hospital. "You could tell he was really sad, the emotions with the loss of the baby."
Flores was arrested and charged Dec. 7, according to the criminal complaint filed in court, but defense attorney Mark Pickett, of Las Cruces, entered into evidence a form dated Dec. 6 usually used for DWI arrests to track the custody of Flores' blood draw.
"In DWI cases, it requires you to be under arrest. In this case, they used that form to show the date of blood drawn. They were improvising," Martinez said outside court.
Defense attorney Mollie McGraw argued in court that Flores "was never told he was free to leave or had the right to an attorney" and that Rosa and his partner sat almost blocking the door to Flores in the interview room.
Alvarado said under cross-examination Friday that after questioning, Flores was allowed to leave with his parents, who stayed at a hotel unknown to Alvarado but kept in touch through phone. He testified his partner told him Flores would be charged with one of several crimes, but "if I could guarantee bringing Robert (back to police) the next day, they could hold off on charges."
"He left the police department, so he obviously wasn't under arrest," Martinez said outside court. "He was told three different times throughout his interview that he was not in custody, he was free to go, he was free to terminate questioning at any time."
Flores did not testify Friday and declined to comment to the Sun-News.
The case is scheduled to go to trial July 13-17.
http://www.currentargus.com/ci_12718168
Accused father moves to suppress statement made after baby's death
By Ashley MeeksFor the Current-Argus
Posted: 06/29/2009 09:42:21 PM MDT
LAS CRUCES — A motion to suppress the statement of Robert J. Flores on the night his daughter died was partially heard Friday before lunch recess by Third Judicial District Court Judge Stephen Bridgforth.
Flores, 24, has pleaded not guilty to a charge of intentional child abuse resulting in the 2007 death of his daughter, 4-month-old Kalynne Flores. A conviction is punishable by life in prison. He is free on $150,000 bond.
Flores is a former resident of Artesia, where he was a standout player for the high school football team.
A new hearing time, during which the prosecution plans to call two more Las Cruces police officers as witnesses, had not been scheduled by the end of business Friday, said District Attorney Susana Martinez.
Flores picked up his daughter from a baby-sitter the evening of Dec. 5 and bought beer on his way to the home he and Kalynne's mother, nurse Deserii Cortez, rented from Flores' maternal uncle, Las Cruces police detective Oscar Alvarado, according to court records.
Flores allegedly told police he placed his daughter in a laundry basket full of unfolded clothing and put the basket in a closet because he did not want neighbors to hear the baby cry while he was out purchasing more beer. Flores told police he was gone for about an hour and didn't immediately check on his daughter, but did so some time later and found her unresponsive.
Cortez was working at a hospital until 3:30 a.m. the night her daughter died. The state's
medical investigator ruled the child died of asphyxia.
District Attorney Susana Martinez argued Friday Flores' statements at the hospital, when he had his blood drawn about two hours after his daughter was declared dead, and to LCPD officers the morning of Dec. 6 were made freely.
"'Are you trying to determine if I'm under the influence of any medication or anything?'" Martinez said Flores asked when an LCPD officer asked to draw his blood. "And then the question back from the detective (was) 'Are you under the influence of anything?' And then that's when he had that discussion about, that he'd had some beer, that the doctor had asked him if he had been drinking, because he smelled the odor of alcohol on him."
LCPD Detective Edgar Rosa, who questioned Flores that morning, said Flores told him and his partner that after finding his daughter dead and realizing he needed to call 911, he decided "to throw out the beer, because he said it would look bad."
Flores was neither handcuffed nor patted down Dec. 6, said Rosa, who said his area of expertise was child abuse investigations.
"Compared to other parents (after accidents) ... he just wasn't showing that much emotion. He was scared about himself, but he wasn't showing that much emotion about that child," Rosa testified.
Alvarado, who said he was a Metro Narcotics agent at the time of the child's death, disputed that in testimony.
"He had his head down, seemed distraught," Alvarado said of Flores' behavior at the hospital. "You could tell he was really sad, the emotions with the loss of the baby."
Flores was arrested and charged Dec. 7, according to the criminal complaint filed in court, but defense attorney Mark Pickett, of Las Cruces, entered into evidence a form dated Dec. 6 usually used for DWI arrests to track the custody of Flores' blood draw.
"In DWI cases, it requires you to be under arrest. In this case, they used that form to show the date of blood drawn. They were improvising," Martinez said outside court.
Defense attorney Mollie McGraw argued in court that Flores "was never told he was free to leave or had the right to an attorney" and that Rosa and his partner sat almost blocking the door to Flores in the interview room.
Alvarado said under cross-examination Friday that after questioning, Flores was allowed to leave with his parents, who stayed at a hotel unknown to Alvarado but kept in touch through phone. He testified his partner told him Flores would be charged with one of several crimes, but "if I could guarantee bringing Robert (back to police) the next day, they could hold off on charges."
"He left the police department, so he obviously wasn't under arrest," Martinez said outside court. "He was told three different times throughout his interview that he was not in custody, he was free to go, he was free to terminate questioning at any time."
Flores did not testify Friday and declined to comment to the Sun-News.
The case is scheduled to go to trial July 13-17.
Stepdad arrested in beating death of 22-month-old boy (Greenvale Township, Minnesota)
The press insists on an UNNAMED STEPDAD, despite the fact that all the other parties are named. The unnamed (and unemployed) stepdad was arrested on second-degree murder charges in the beating death of his 22-month-old stepson, who died of multiple injuries including brain damage. Stepdad's 6-year-old daughter from another relationship occasionally visited the home, and reported seeing her dad beat the little boy on more than one occasion. So it appeared that stepdad had, at minimum, unsupervised visitation with his daughter as well.
http://www.startribune.com/local/south/49437262.html?elr=KArks7PYDiaK7DU2EkP7K_V_GD7EaPc:iLP8iUiD3aPc:_Yyc:aUU
Stepfather arrested in Dakota County boy's death
The man's daughter, 6, said he had been beating the 18-month-old, relatives say.
By JOY POWELL, Star Tribune
Last update: June 29, 2009 - 11:02 PM
An autopsy conducted on the body of an 18-month-old Dakota County boy who died last week found his brain and body battered, authorities said Monday.
Prosecutors will decide by noon today whether to charge Nicholas Miller's 22-year-old stepfather in his death.
A close relative said Monday that the stepfather's arrest lends credence to claims Nicholas' 6-year-old stepsister made to at least one family member that her father had been beating the little boy. The stepsister was among those providing information to Dakota County sheriff's investigators that led to her father's arrest Saturday, relatives said.
The suspect is in the Dakota County jail in Hastings on suspicion of second-degree murder.
On Monday, Dakota County sheriff's investigators were tight-lipped about what they were told by witnesses and family members, including the suspect's young daughter.
Chief Deputy Dave Bellows said his department was notified last week by the Pierce County (Wis.) sheriff about a child's suspicious death. An investigation determined that the injuries occurred in Dakota County before the 18-month-old was taken to Durand, Wis., where he died June 23.
The child often stayed at a dairy farm in Greenvale Township near Northfield, Minn., with his 18-year-old mother, Melissa Miller, and the stepfather, along with her parents. Melissa Miller's grandparents lived in an adjacent farmhouse.
"He was a good little fellow," Nicholas' great-grandfather, Herman Ohmann, said.
Nicholas' autopsy by the Ramsey County medical examiner's office found multiple recent injuries, including damage to his brain. Earlier injuries that had healed also were found, Bellows said.
Ohmann said injuries to the boy appeared after his granddaughter married the stepfather in November.
"Things started showing up that we were all questioning," Herman Ohmann said.
The family once took Nicholas to the doctor with a broken collarbone, Ohmann said. "Well, then, not too long, and doggone, he had another broken collarbone," he said.
The stepfather's daughter from another relationship didn't live on the farm but occasionally visited, Ohmann said. During those visits, she told at least one family member that her father was beating Nicholas, he said.
Ohmann said the girl, who lives in Red Wing, Minn., told her grandmother on the farm, Debbie Ohmann, that her father was hurting Nicholas. But the grandmother "never took it to heart," he said.
Ohmann said that as far as he knows, nobody called police about the 6-year-old's claims or about the injuries they observed on the boy.
When questioned by family members, the stepfather tried to blame the child's biological father and his side of the family for any injuries to Nicholas, Ohmann said.
A supervisor with the Dakota County's child protection unit said information about whether the unit had received any reports of suspected abuse of the toddler cannot be publicly disclosed.
The family had provided a home for Melissa Miller and her husband but grew disillusioned with him, Ohmann said. "We tried to get him a job, get him going, get him on his feet, but he would never get up in the mornings," he said. "He wouldn't do anything."
Ohmann said the couple, with Nicholas and another child, their newborn, were at the farm one or two nights a week. "Where they were all staying, we really didn't know," he said.
Herman Ohmann said he became enraged when he learned what happened to his great-grandson.
"Good God, that little boy," Ohmann said. "He didn't have no future."
http://www.startribune.com/local/south/49437262.html?elr=KArks7PYDiaK7DU2EkP7K_V_GD7EaPc:iLP8iUiD3aPc:_Yyc:aUU
Stepfather arrested in Dakota County boy's death
The man's daughter, 6, said he had been beating the 18-month-old, relatives say.
By JOY POWELL, Star Tribune
Last update: June 29, 2009 - 11:02 PM
An autopsy conducted on the body of an 18-month-old Dakota County boy who died last week found his brain and body battered, authorities said Monday.
Prosecutors will decide by noon today whether to charge Nicholas Miller's 22-year-old stepfather in his death.
A close relative said Monday that the stepfather's arrest lends credence to claims Nicholas' 6-year-old stepsister made to at least one family member that her father had been beating the little boy. The stepsister was among those providing information to Dakota County sheriff's investigators that led to her father's arrest Saturday, relatives said.
The suspect is in the Dakota County jail in Hastings on suspicion of second-degree murder.
On Monday, Dakota County sheriff's investigators were tight-lipped about what they were told by witnesses and family members, including the suspect's young daughter.
Chief Deputy Dave Bellows said his department was notified last week by the Pierce County (Wis.) sheriff about a child's suspicious death. An investigation determined that the injuries occurred in Dakota County before the 18-month-old was taken to Durand, Wis., where he died June 23.
The child often stayed at a dairy farm in Greenvale Township near Northfield, Minn., with his 18-year-old mother, Melissa Miller, and the stepfather, along with her parents. Melissa Miller's grandparents lived in an adjacent farmhouse.
"He was a good little fellow," Nicholas' great-grandfather, Herman Ohmann, said.
Nicholas' autopsy by the Ramsey County medical examiner's office found multiple recent injuries, including damage to his brain. Earlier injuries that had healed also were found, Bellows said.
Ohmann said injuries to the boy appeared after his granddaughter married the stepfather in November.
"Things started showing up that we were all questioning," Herman Ohmann said.
The family once took Nicholas to the doctor with a broken collarbone, Ohmann said. "Well, then, not too long, and doggone, he had another broken collarbone," he said.
The stepfather's daughter from another relationship didn't live on the farm but occasionally visited, Ohmann said. During those visits, she told at least one family member that her father was beating Nicholas, he said.
Ohmann said the girl, who lives in Red Wing, Minn., told her grandmother on the farm, Debbie Ohmann, that her father was hurting Nicholas. But the grandmother "never took it to heart," he said.
Ohmann said that as far as he knows, nobody called police about the 6-year-old's claims or about the injuries they observed on the boy.
When questioned by family members, the stepfather tried to blame the child's biological father and his side of the family for any injuries to Nicholas, Ohmann said.
A supervisor with the Dakota County's child protection unit said information about whether the unit had received any reports of suspected abuse of the toddler cannot be publicly disclosed.
The family had provided a home for Melissa Miller and her husband but grew disillusioned with him, Ohmann said. "We tried to get him a job, get him going, get him on his feet, but he would never get up in the mornings," he said. "He wouldn't do anything."
Ohmann said the couple, with Nicholas and another child, their newborn, were at the farm one or two nights a week. "Where they were all staying, we really didn't know," he said.
Herman Ohmann said he became enraged when he learned what happened to his great-grandson.
"Good God, that little boy," Ohmann said. "He didn't have no future."
Subscribe to:
Posts (Atom)