Home"Baby John Doe" -10 Months/ Accused: Diego Burgos - Greenfield/ Monterey CA
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"Baby John Doe" -10 Months/ Accused: Diego Burgos - Greenfield/ Monterey CA
by TomTerrific0420 Sat Dec 03, 2011 1:31 pm
http://www.montereyherald.com/news/ci_19462772
A Greenfield man was ordered to stand trial Friday on charges he murdered his girlfriend's infant son.
According to testimony at a preliminary hearing, the child's mother said Diego Burgos was jealous of the baby because he believed he had caused her to miscarry Burgos' own child. She told investigators she had a miscarriage Aug. 8 shortly after Burgos punched her in the stomach.
The pathologist who conducted the autopsy on 10-month-old "John Doe" concluded he died Sept. 5 as a result of a blunt force trauma consistent with his head striking a "hard, flat surface." The "high energy blow" caused bilateral skull fractures and fatal brain injury, according to testimony.
Prosecutor Rolando Mazariegos presented evidence that symmetrical bruising around the baby's ankles and fractures to his legs may have indicated the child was swung by the ankles into a hard surface, such as a wall.
A cable installer told investigators he saw the 6-foot-2 Burgos throw the child from in front of his face to a mattress 4 feet away on the floor on Aug. 27, two days before the child was brought to a local clinic.
The baby was transferred to Lucille Packard Children's Hospital, where he was later removed from life support.
Burgos, 20, faces 40 years to life in prison if convicted of murder and child homicide. He will be arraigned Dec. 16.
District Attorney's Office investigators Mark Puskaric and Maribel Torres testified Burgos and the baby's mother had been dating since February and living together since June.
The mother told Torres her baby was fine until then. Soon after moving in with Burgos, she began to notice bruising and other injuries on the boy. Suspecting Burgos, she took photos, copies of which Torres brought to court.
On Aug. 26, Torres said, the woman was in the kitchen making Burgos lunch at 3 a.m. when she heard the baby cry out. Rushing to him she found a large bruise on his left cheek.
Burgos told Puskaric various stories about that bruise but eventually said he slipped while reaching for a sweater in the closet and accidentally kicked the baby in the head with his boot.
After Puskaric said DNA tests would be run, Burgos also admitted he may have caused the ankle bruising when he grabbed the sleeping child's ankles to gently move him away from a wall.
Characterizing the case as a "shaken baby" prosecution, defense attorney Miguel Hernandez said the evidence against his client was "extremely scanty" and suggested the mother may be the culprit.
The child was usually with her while Burgos worked, he said, and she had no explanation for why she suspected Burgos and took photos, but didn't call authorities or accuse him until it was "convenient."
According to Torres, the woman said she made an appointment with a doctor after the baby became sickly in late August. He was sleeping and crying an inordinate amount, lost weight, wasn't eating and could no longer stand.
She said Burgos talked her out of going to the appointment, saying the baby just wasn't eating enough.
Burgos told investigators he had never seen his girlfriend be cruel or violent with her children.
A Greenfield man was ordered to stand trial Friday on charges he murdered his girlfriend's infant son.
According to testimony at a preliminary hearing, the child's mother said Diego Burgos was jealous of the baby because he believed he had caused her to miscarry Burgos' own child. She told investigators she had a miscarriage Aug. 8 shortly after Burgos punched her in the stomach.
The pathologist who conducted the autopsy on 10-month-old "John Doe" concluded he died Sept. 5 as a result of a blunt force trauma consistent with his head striking a "hard, flat surface." The "high energy blow" caused bilateral skull fractures and fatal brain injury, according to testimony.
Prosecutor Rolando Mazariegos presented evidence that symmetrical bruising around the baby's ankles and fractures to his legs may have indicated the child was swung by the ankles into a hard surface, such as a wall.
A cable installer told investigators he saw the 6-foot-2 Burgos throw the child from in front of his face to a mattress 4 feet away on the floor on Aug. 27, two days before the child was brought to a local clinic.
The baby was transferred to Lucille Packard Children's Hospital, where he was later removed from life support.
Burgos, 20, faces 40 years to life in prison if convicted of murder and child homicide. He will be arraigned Dec. 16.
District Attorney's Office investigators Mark Puskaric and Maribel Torres testified Burgos and the baby's mother had been dating since February and living together since June.
The mother told Torres her baby was fine until then. Soon after moving in with Burgos, she began to notice bruising and other injuries on the boy. Suspecting Burgos, she took photos, copies of which Torres brought to court.
On Aug. 26, Torres said, the woman was in the kitchen making Burgos lunch at 3 a.m. when she heard the baby cry out. Rushing to him she found a large bruise on his left cheek.
Burgos told Puskaric various stories about that bruise but eventually said he slipped while reaching for a sweater in the closet and accidentally kicked the baby in the head with his boot.
After Puskaric said DNA tests would be run, Burgos also admitted he may have caused the ankle bruising when he grabbed the sleeping child's ankles to gently move him away from a wall.
Characterizing the case as a "shaken baby" prosecution, defense attorney Miguel Hernandez said the evidence against his client was "extremely scanty" and suggested the mother may be the culprit.
The child was usually with her while Burgos worked, he said, and she had no explanation for why she suspected Burgos and took photos, but didn't call authorities or accuse him until it was "convenient."
According to Torres, the woman said she made an appointment with a doctor after the baby became sickly in late August. He was sleeping and crying an inordinate amount, lost weight, wasn't eating and could no longer stand.
She said Burgos talked her out of going to the appointment, saying the baby just wasn't eating enough.
Burgos told investigators he had never seen his girlfriend be cruel or violent with her children.
Last edited by TomTerrific0420 on Sun Dec 04, 2011 4:42 pm; edited 1 time in total
TomTerrific0420- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
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Re: "Baby John Doe" -10 Months/ Accused: Diego Burgos - Greenfield/ Monterey CA
by babyjustice Sun Dec 04, 2011 4:20 pm
Stupid woman (I don't even want to call her the mother) suspected the POS boyfriend was hurting her baby and instead of fleeing for the safety of her child, took pictures! What an idiot. She deserves to be arrested for allowing the abuse. That poor baby was tortured to death. They both should be steriized as neither is fit to have children. The boyfriend is an animal as only animals would kill another's offspring.
babyjustice- Supreme Commander of the Universe
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