"Baby John" MILLER - 5 Months (2009) - Pottstown PA

A former Pottstown couple is in trouble with the law after authorities alleged an infant boy in their care was malnourished to the point his "skin was just hanging off him," according to court documents.

Jose Rafael Cardenas Sr., 25, formerly of Walnut Street in Pottstown, was sentenced recently in Montgomery County Court to 11½-to-23-months in the county jail, to be followed by three years' probation, after he pleaded guilty to a felony charge of endangering the welfare of a child in connection with incidents that occurred in 2009.

Judge William R. Carpenter, who accepted a plea agreement in the case, ordered Cardenas to have no contact with the boy, now 20 months old, as a condition of the sentence.

Cardenas, who authorities alleged helped care for the child, is eligible for the jail's work release program during his incarceration.

By pleading guilty to the child endangerment charge, Cardenas admitted that he knowingly violated a duty of care, protection and support for the child while the child was in his custody or care between January and June of 2009.

"It was clear from the condition that the child was in that there was neglect," said Assistant District Attorney Jordan Friter, who sought jail time against Cardenas. "For a caregiver to allow that to happen to a child - that is deserving of jail time."

Jillian Miller, Cardenas' onetime girlfriend and the child's mother, is awaiting trial on charges of child endangerment, recklessly endangering another person and conspiracy in connection with the alleged course of conduct between Jan. 19, 2009, and June 23, 2009. Miller remains in the county jail pending her next court hearing.

Court papers indicate an investigation of the couple began on June 23, 2009, when Miller called police and alleged that she and her son, then five months old, were assaulted by Cardenas inside their Walnut Street apartment. Miller allegedly told police she observed Cardenas holding their crying son "by his neck in mid-air" and strangling the baby, according to a criminal complaint.

Miller subsequently fled from the apartment with her child to a relative's house where she summoned police.

During the investigation, police noticed that the baby was not the size of an average five-month-old and medical personnel were summoned to take the baby to Pottstown Memorial Medical Center for evaluation.

"It was clear to me that (the boy) was severely underweight and lethargic," Pottstown Police Officer Heather Long alleged in the arrest affidavit.

Doctors determined the infant weighed only eight pounds and six ounces and was 21-inches long. X-rays determined the child had previous rib fractures that were in the beginning stages of healing, allegedly from prior abuse, according to the arrest affidavit.

"(The child's) skin was just hanging off him and there appeared to be little or no fat on his body," Long alleged.

The child was transferred to The Children's Hospital of Philadelphia for further evaluation. After the investigation began, Miller and Cardenas moved to Philadelphia and then to Bridgeport, court papers indicate.

The investigation revealed the child weighed six pounds and three ounces at birth on Jan. 19 and had gained only about two pounds in five months, according to court papers. Miller allegedly told authorities that the child had not seen a doctor for several months.

Doctors who subsequently treated the child said the child suffered from a condition of "failure to thrive" and had at least 14 rib fractures which were consistent with inflicted trauma, according to the arrest affidavit.

The investigation revealed that Miller and Cardenas were the sole caretakers for the child during the five-month period.

After the child was hospitalized and placed in foster care, his health improved dramatically, court papers indicate. The little boy gained about 11 pounds in seven months.

Authorities alleged that "excellent weight gain during his hospitalizations indicates that inadequate nutrition at home contributed to his failure to thrive," according to the arrest affidavit.