CESAR "Ivan" AGUILAR-CANO - 4 yo (2007) - Louisville KY

Louisville KY ---- Evidence testing is moving forward in the case of Cecil New.
He's accused of killing 4-year-old Ivan Cano and dumping his body in 2007.


On Monday attorneys were arguing about evidence found at the scene and
whether it can be presented at Cecil New's trial.
Evidence testing is a vital part of the case and the pre-trial hearing
confirmed items are now at a lab.
Workers found the boy's body in the back of their garbage truck near Churchill Downs.
Prosecutors say a hair, similar to the suspect's, was found on the victim's
shirt along with a plastic bag found at the scene.
It is evidence which is key to the murder trial.
"The evidence for the forensic etymologist has been received by our forensic
etymologist. Mr. Heck and I worked together and I got that transferred. In
addition I communicated with Ms. White about the plastic bag evidence," says
public defender Misty Clark.
"We confirmed that some of the items the defense wants to test were sent to
their respective labs. So, that shows progress in that respect. That was ground
for continuance last time, some items needed to be tested," says Assistant
Commonwealth’s Attorney Jon Heck.
The final witness- a detective from LMPD's Homicide Unit -will be called at the end of May.
The defense will have a suppression hearing in June, asking the trial be moved to another city.
New is not charged with a sexual offense but prosecutors want to argue a
sexual motive during the jury trial in October.
They add that Cano's body was found naked from the waist down and had a blood
alcohol level of .214.
It's been a heart-wrenching legal battle for Ivan Cano's mother. The fact
that English is her second language has made the ordeal even more difficult for her.
The Commonwealth says they've been in constant contact through a Spanish translator.
"We've encouraged her that if this isn't anything big, don't
show up. She's working and it's best if she or any victim leads their life while
we worry about the litigation," says Jon Heck.

Hi, I was going to add Ivan to the list of murdered children, but seen that he is already posted. Thank you! I saw that precious little boy alive in April 2007, he smiled and waved at me, and said "Hi, what ya doing" and then just took off running, smiling. He lives on in my heart, and I will be a witness for him whenever the trial starts. My heart goes out to him and his family. Again, glad to see he is on the list. Thanks again.

Cecil New failed lie-detector test day after child's body was found


By Jason Riley and Jessie Halladay • The Courier-Journal• October 15, 2010
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The day after 4-year-old César Ivan Aguilar-Cano's body was found in the back of a garbage truck on July 7 2007, his killer failed a polygraph examination where he denied knowing anything about the boy's death, according to evidence released Friday.
Cecil New II admitted to police that he had seen Ivan the day the boy disappeared, June 29, 2007, telling police he had “yelled and cussed at the child,” ordering him to go home after seeing Ivan removing Louisville Gas and Electric Co. flags placed along the grass and curb.While New said Ivan left and he did not see him again, Louisville Metro Police Detective Tony Finch told New he had failed a polygraph examination and New's “test was the worst failure the examiners have ever seen,” according to a summary of the interview.And when Finch asked New if he ever told the truth or took responsibility for his actions, New replied: “No, I'm a liar.”
New's interview with Finch and the results of the polygraph test were among more than 7,000 pages of evidence released Friday, a day after New pleaded guilty to kidnapping and slaying the boy, who disappeared while playing outside his home near Churchill Downs.Judge Judith McDonald-Burkman had sealed the evidence in March 2008 to keep “inflammatory, graphic and possibly irrelevant, material out of public view until a jury is seated,” according to her ruling.On Thursday, New pleaded guilty to charges of murder, kidnapping, tampering with physical evidence and unlawful transaction with a minor for giving Ivan alcohol before he killed the boy and dumped his body in the trash.New did not negotiate a plea bargain and entered an open plea, making him eligible to receive the death penalty and waiving his right to an appeal.Assistant Commonwealth's Attorney Jon Heck said during the hearing Thursday that prosecutors will seek the death penalty. McDonald-Burkman set an Oct. 25 hearing to decide when she will hear arguments before deciding New's sentencing.Among the other evidence released Friday were additional statements New made to police during their investigation, including several before he was arrested and charged with the murder.

This courier has all the history and this story is 3 pages and I've only posted page 1. Please use the link below.

http://www.courier-journal.com/article/20101015/NEWS01/310150075

In a shocking and abrupt ending to a three-year-old murder case, Cecil New II pleaded guilty Thursday to kidnapping and killing 4-year-old César Ivan Aguilar-Cano, who disappeared while playing outside his home near Churchill Downs.
New pleaded guilty after Judge Judith McDonald-Burkman denied a motion to move the trial that was to begin Friday, much to the surprise of the judge and prosecutors.Answering “yes, your honor” repeatedly during the unscheduled hearing, New admitted his guilt to charges of murder, kidnapping, tampering with physical evidence and unlawful transaction with a minor for giving Ivan alcohol before he killed the boy and dumped the body in the trash.New entered an open plea, making him eligible to receive the death penalty and waiving his right to an appeal.
Assistant Commonwealth's Attorney Jon Heck said during the hearing that prosecutors will still ask for the death penalty. Heck and other prosecutors, Erin White and Frank Dahl, declined to comment on specifics of the case until after the sentencing.McDonald-Burkman set a hearing Oct. 25 to decide the date on which she will hear arguments in New's sentencing. On Friday, she will release the more than 7,000 pages of sealed evidence in the case.New's attorney's declined to comment after the hearing.For his part, New answered the judge's questions quietly and simply — often just saying “yes.”Yes, he graduated from high school. Yes, he can read and write. Yes, he admitted kidnapping Ivan while the child was playing near his home and then killing the boy, putting him in a trash bag.First Assistant Commonwealth's Attorney Harry Rothgerber said prosecutors were “very surprised” and pleased with New's plea. Manuel Cano, Ivan's uncle, said the family was shocked.“Now we know who did it,” he said. “All this time we've been waiting, wondering if he was the right person. Now we know.”Victim's advocate Christopher 2X said Ivan's mother, Rosalina Cano, called him to tell him about the plea after she was informed by the prosecution. He said she was crying and feeling some relief, but was not ready to talk to the media.

A convicted sex offender who kidnapped and killed a 4-year-old boy in 2007 will be sentenced next month. Jefferson Circuit Judge Judith McDonald-Burkman could sentence New to death at the Nov. 15 hearing. New did not have a plea bargain when he entered a surprise guilty plea this month to charges that included killing and kidnapping Cesar "Ivan" Aguilar-Cano, tampering with physical evidence and unlawful transaction with a minor for giving the child alcohol. The boy disappeared while playing outside his home near Churchill Downs. His body was later found in a garbage truck.

LOUISVILLE, Ky. - The parents of a slain 4-year-old boy said at sentencing Monday for the man convicted of killing their child that they still struggle with the youngster's death. Prosecutors called Cesar Ivan Aguilar-Cano's parents to the witness stand during a sentencing hearing Monday for the man convicted of the 2007 kidnapping and killing. Cecil New pleaded guilty last month to murder, kidnapping and other charges and is facing the death penalty. Prosecutors finished providing their witnesses at the hearing by closing with the emotional testimony from the boy's parents. Attorneys for New will put on witnesses Tuesday, The Courier-Journal reported. Ivan's parents say they sometimes feel like they "don't want to live," when asked how they were affected by their son's death in Louisville. "I feel like I've lost a piece of myself, and I would give anything to have him with me," the boy's father, Cesar Aguilar, testified. "I feel like I don't want to live, but I have my other children and I need to go on for them." Ivan disappeared while playing outside his home near Churchill Downs in June 2007. His body was later discovered in a garbage truck. "Sometimes I no longer want to continue living," Ivan's mother, Rosalina Cano, testified through a translator when asked how the kidnapping and murder of her child had affected her. Attorneys for New will ask Jefferson Circuit Judge Judith McDonald-Burkman to spare New's life and sentence him to life in prison without the possibility of parole. New entered a surprise plea last month when he pleaded guilty to charges of murder, kidnapping, tampering with physical evidence and unlawful transaction with a minor. He did not negotiate a plea bargain with prosecutors, making him eligible to receive the death penalty and waiving his right to an appeal. At one point during the testimony on Monday, Detective Rick Arnold was describing Ivan's body being recovered from the back of a garbage truck when Cesar Aguilar broke down in tears and left the courtroom. Ivan's body was found July 7, 2007. New, who lived near the Canos, was arrested about five months later.http://www.kypost.com/dpp/news/state/Missing-Boy-Killed_13297227

LOUISVILLE, Ky. — A playground in Louisville has been dedicated to
the memory of a young boy who was found murdered inside a garbage truck.

Family and friends of Cesar Ivan Cano gathered Sunday with police investigators to dedicate the play area, according to WAVE-TV.

Cesar was 4 years old when he disappeared in 2007 from
his home near Churchill Downs. Police arrested convicted sex offender
Cecil New about 5 months later. New eventually pleaded guilty in the
child's death and is serving a life prison term.

The playground is at the South Louisville Community Center.

Through an interpreter, Cesar's mother Rosalina Cano
told the crowd that dedication of the playground brought her a sense of
closure.

Cesar's ninth birthday would have been Sunday.


http://www.dailyjournal.net/view/story/8e2c2159747d48f19e901ac9f12cd2a4/TN--Missing-Boy-Killed/

http://www.courier-journal.com/article/2012301090016

For months, Cecil New watched the boy — noticing that he often played alone. And he began to fantasize about things he could do if he got the chance.

Then, on the afternoon of June 29, 2007, there was 4-year-old Cesar Ivan Aguilar-Cano, standing in front of New’s refrigerator, the convicted murderer told Louisville Metro Police detectives in a prison interview last May.

“I walked in, just walked in there and I just, I just like, literally blacked out when I seen him,” New initially told police, according to a transcript of the conversation.

About six months after being sentenced to life in prison without the possibility of parole for Ivan’s murder, New described for the first time how he drowned the boy and then put the body in a garbage can outside his apartment near Churchill Downs.

Though New had pleaded guilty to Ivan’s murder, he had never provided details about how he killed the boy or disposed of the body, leaving police, Ivan’s family and the community wondering what had happened.

Ivan went missing June 29, 2007, prompting a communitywide search that involved an outpouring of support from police and residents. On July 7, workers found Ivan’s body in a garbage truck.

New eventually was arrested and charged with Ivan’s death. He pleaded guilty in October 2010.

That December, Judge Judith McDonald-Burkman spared New from the death penalty, telling him in court that a life sentence with no parole was a harsher penalty because he’d spend the rest of his life dealing with the consequences of killing a child.

After months at the Kentucky State Reformatory in Eddyville — during which New said he’s been harassed by fellow inmates who have called him a “baby killer” — detectives wondered if New would be willing to tell them more.

“As an investigator, you know you have to take an opportunity to speak with him,” said Troy Pitcock, who was a sergeant in the homicide unit at the time of Ivan’s death and went to Eddyville with homicide detectives Chris Middleton and Gary Huffman

The detectives wanted to finally know what had happened to Ivan — and to learn how they might improve in future investigations.

Though they did find some answers, Pitcock said he suspects New witheld information on some things that evidence suggests he did, including sexually assaulting the boy and giving him alcohol.

“There’s certain things that he won’t admit to,” he said.

'I just snapped'


New could see Ivan’s apartment from his bedroom window.

During the interview that lasted more than three hours, New told police that Ivan played alone a lot and would be vulnerable.

Over time, he told police, he’d had sexual and violent fantasies about the child.

On that fateful June afternoon, New told police that he’d had a few beers on his porch, and then walked into his apartment and found Ivan standing in front of his refrigerator.

Initially, New told detectives that he didn’t remember what happened next — that he’d blacked out.

As a registered sex offender, New said that having the boy in his apartment would not look good, and he described a kind of panic at seeing Ivan in his apartment and the “black out” that followed.

But pressed by the detectives, New started to reveal details.

He described grabbing Ivan under the arms. “The best that I can remember, I was hearin’ the boy hollerin’ ‘Mama! Mama!’ And he’s sayin’ ‘That hurt!’ ” New told the detectives.

New said he took the boy into the bathroom, began filling the tub with water, took off the boy’s shorts, and put him in the tub, holding him down with his foot on the boy’s chest until he drowned.

“I just snapped and lost my cool, and that was it,” New said to police.

New said he loaded the boy’s body into a trash bag, dragged the trash can to the gate near his apartment, and put the boy’s body in it within about 10 minutes of the murder.

New denied that he had any sexual contact with Ivan, even though the detectives repeatedly came back to the subject.

Pitcock said he’s not convinced New admitted to everything he did, especially because of the stigma that comes in prison to those who sexually abuse children.

“There’s no label worse in society than doing those things to a child,” Pitcock said.

In the interview New also denied giving Ivan alcohol, despite having pleaded guilty to doing so. But medical examiner records indicate that Ivan had a high alcohol level in his system that couldn’t have existed naturally.

“I think we’ve got all we’re going to get,” Pitcock said. “He deflects. Cecil doesn’t want to take the responsibility. Everything is going to be somebody else in society’s fault.”

Frustrating search


New was adamant during the interview that he had quickly put Ivan’s body in a garbage can outside his complex.

That’s a frustrating revelation, Pitcock said, because throughout the week Ivan was missing, police and others searched those cans and the area around them extensively, even using dogs.

But no one found the body.

“These are the things that haunt you,” Pitcock said. “Why didn’t we find that body if it was there the whole time?”

Still, Pitcock said he is confident police did everything they could in their search.

New told detectives that he watched the search process carefully and at times he was convinced he would be caught, while at other times he felt certain he would get away with his crime.

Now, New says he wishes he’d simply pushed the boy out of the apartment or done something else to get him out of there.

New told detectives that he has been particularly upset by comments the judge made at sentencing, including McDonald-Burkham’s statement that he couldn’t be rehabilitated.

“It hurts me that she did that,” New said.

But later in his interview, New acknowledged that if he ever is freed from prison, it is “likely” that he’d harm another child if given the opportunity.

“That’s the part that troubles you greatly,” Pitcock said.

Mother grateful


Pitcock said he met last week with Rosalita Cano, Ivan’s mother, and told her about the police interview with New.

Christopher 2X, a community activist who was with Cano when police told her about the interview, said she wept at the news that New had given more information about her son’s death.

And he said Cano is thankful that detectives went to New to find answers, despite the case being over.

“She’s grateful that they took the liberty to go back and get the facts that she’s been waiting for,” 2X said.

“She wants the public to know what happened to her child.”