Post by Anja Nieser on Sept 10, 2006 22:32:16 GMT -5
Parents indicted in infant's death in San Marcos----Gonzaleses charged
with injury to a child but won't face death penalty
The couple charged with the death of their 2-month-old daughter in San
Marcos were indicted Thursday on charges of injury to a child, as opposed
to the charges that prompted their March arrest, capital murder.
The Hays County grand jury concluded that Cipriano Gonzales IV and Esther
Gonzales did "intentionally or knowingly cause serious bodily injury" to
their daughter Cynthea Gonzales by striking her "with or against an object
unknown to the Grand Jury."
The Gonzaleses, who moved back to Michigan, have maintained their
innocence in their daughter's death.
If convicted, the Gonzaleses could face sentences of five to 99 years for
the March 11 death. The couple was arrested on capital murder charges that
could carry the death penalty, but the new charge removes that
possibility.
To explain the death, investigators sought 2 separate autopsy reports,
which came back with conflicting results. The first autopsy, done by then-
Travis County Medical Examiner Roberto Bayardo, found Cynthea had a skull
fracture "a few days old" and fractured ribs that had begun to heal. He
concluded that the infant's cause of death could not be determined.
Investigators requested a second autopsy. In his initial report, Tarrant
County Medical Examiner Nizam Peerwani said that the baby's death was
caused by "severe trauma to her head," and that she had the types of
injuries "commonly associated with intentional trauma," or child abuse.
The Gonzaleses, both 24, told police they had taken Cynthea to Central
Texas Medical Center after she stopped breathing.
The case shows how difficult it can be to distinguish ordinary childhood
injuries from child abuse, medical experts say.
"It can be not a simple thing to sort out," said Dr. Pat Crocker, chief of
emergency medicine at Brackenridge Hospital and Children's Hospital of
Austin, speaking in general about the issue.
Patterns of injuries such as fractures and burns can indicate child abuse,
and fractures in infants and children who are not yet walking can also be
suspicious, Crocker said.
"Rib fractures are very unusual in children because their ribs are so
flexible," Crocker said. "It takes a lot of force to break a child's rib."
Hays County assistant district attorney Wesley Mau said the delay in
seeking an indictment was necessary to make sure investigators had the
evidence they needed.
"It has been drawn out, but I don't think I would have done it any more
quickly if I had it to do it over again," Mau said. "We want to get it
right."
The Gonzaleses, who moved to San Marcos from Michigan shortly before
Cynthea's death, have returned to Michigan after being released from jail
on bail. They must return to San Marcos for their arraignment, on a date
yet to be determined.
"The Gonzaleses will come back (to San Marcos) and we'll go from there,"
said Leslie Halasz, a lawyer for Cipriano Gonzales IV. Esther Gonzales's
lawyer, Kenneth Houp Jr., was not immediately available for comment
Thursday.
San Marcos police investigators said they are still searching for friends,
co-workers and neighbors of the Gonzales family in Michigan or Texas who
may be able to help them find out how Cynthea died.
Investigators ask anyone with information to call (512) 753-2300.
"We believe that anybody who knows this baby's history from the time it
was born until the time it died can tell us more about this case," Police
Chief Howard E. Williams said. "If anybody knows anything, we need to know
it."
(source: Austin American-Statesman)
with injury to a child but won't face death penalty
The couple charged with the death of their 2-month-old daughter in San
Marcos were indicted Thursday on charges of injury to a child, as opposed
to the charges that prompted their March arrest, capital murder.
The Hays County grand jury concluded that Cipriano Gonzales IV and Esther
Gonzales did "intentionally or knowingly cause serious bodily injury" to
their daughter Cynthea Gonzales by striking her "with or against an object
unknown to the Grand Jury."
The Gonzaleses, who moved back to Michigan, have maintained their
innocence in their daughter's death.
If convicted, the Gonzaleses could face sentences of five to 99 years for
the March 11 death. The couple was arrested on capital murder charges that
could carry the death penalty, but the new charge removes that
possibility.
To explain the death, investigators sought 2 separate autopsy reports,
which came back with conflicting results. The first autopsy, done by then-
Travis County Medical Examiner Roberto Bayardo, found Cynthea had a skull
fracture "a few days old" and fractured ribs that had begun to heal. He
concluded that the infant's cause of death could not be determined.
Investigators requested a second autopsy. In his initial report, Tarrant
County Medical Examiner Nizam Peerwani said that the baby's death was
caused by "severe trauma to her head," and that she had the types of
injuries "commonly associated with intentional trauma," or child abuse.
The Gonzaleses, both 24, told police they had taken Cynthea to Central
Texas Medical Center after she stopped breathing.
The case shows how difficult it can be to distinguish ordinary childhood
injuries from child abuse, medical experts say.
"It can be not a simple thing to sort out," said Dr. Pat Crocker, chief of
emergency medicine at Brackenridge Hospital and Children's Hospital of
Austin, speaking in general about the issue.
Patterns of injuries such as fractures and burns can indicate child abuse,
and fractures in infants and children who are not yet walking can also be
suspicious, Crocker said.
"Rib fractures are very unusual in children because their ribs are so
flexible," Crocker said. "It takes a lot of force to break a child's rib."
Hays County assistant district attorney Wesley Mau said the delay in
seeking an indictment was necessary to make sure investigators had the
evidence they needed.
"It has been drawn out, but I don't think I would have done it any more
quickly if I had it to do it over again," Mau said. "We want to get it
right."
The Gonzaleses, who moved to San Marcos from Michigan shortly before
Cynthea's death, have returned to Michigan after being released from jail
on bail. They must return to San Marcos for their arraignment, on a date
yet to be determined.
"The Gonzaleses will come back (to San Marcos) and we'll go from there,"
said Leslie Halasz, a lawyer for Cipriano Gonzales IV. Esther Gonzales's
lawyer, Kenneth Houp Jr., was not immediately available for comment
Thursday.
San Marcos police investigators said they are still searching for friends,
co-workers and neighbors of the Gonzales family in Michigan or Texas who
may be able to help them find out how Cynthea died.
Investigators ask anyone with information to call (512) 753-2300.
"We believe that anybody who knows this baby's history from the time it
was born until the time it died can tell us more about this case," Police
Chief Howard E. Williams said. "If anybody knows anything, we need to know
it."
(source: Austin American-Statesman)