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DIEGO CALLES - 4 yo - Santa Maria CA

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Post by twinkletoes Sat Nov 06, 2010 7:23 pm

Child Abuse

7/22/2009



In California, James Lujan faces charges in connection with the death of four-year-old Diego Calles.


In California, James Lujan faces charges in connection with the death of four-year-old Diego Calles. The little boy was rushed to the hospital after his mother called 911. The Lompoc District Attorney’s office says Lujan is facing one count of murder, assault on a child causing death among other charges.
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Post by twinkletoes Sat Nov 06, 2010 7:28 pm

Autopsy: Boy killed by repeated strikes, internal injuries

Thursday, November 19, 2009 10:20 pm


Diego Calles, the 4-year-old boy killed in a Lompoc motel room in July, was subjected to extended abuse and died as a result of repeated blows to the stomach, which ruptured his intestine and caused internal bleeding, a coroner testified Thursday.

The boy was covered in bruises from head to toe; 128 bruises were inflicted over the course of several days, said Janice Frank, the Assistant Chief Medical Examiner for Ventura County, who conducted the autopsy.

Frank’s report was the topic of the first day of a three-day preliminary hearing to determine whether there is sufficient evidence to put James Curtis Lujan of Lompoc on trial for Diego’s murder.

The hearing, held in Lompoc Superior Court, began with Deputy District Attorney Gerald McBeth calling Frank to the stand.

Looking at a series of photos, Frank detailed finding the “visible blunt force injuries” on Diego face, hands, arms, legs, torso, and back. She testified that the boy’s penis and foreskin also showed signs of bruising.

“What would cause that?” McBeth asked.

“The foreskin might have been pulled, squeezed or twisted to produce that,” Frank said.

Frank said there was more internal evidence of blunt force trauma,including one liter of bloody fluid in Diego’s abdominal cavity.She testified that signs of injury included scaring of the liver from past blows. Those same blows had pushed a section of Diego’s intestine against his spine hard enough to tear them.

“Over a period of some time, there had been impacts to this area,” Frank said.

The coroner found evidence of other repeated injuries. Some of the bruising could have occurred just an hour or two before Diego’s death on July 18. Other injuries, including the internal bleeding could have occurred a few hours to a day before death, and some of the bruises showed evidence of starting to heal, indicating they occurred days earlier, Frank said.

Diego’s father, Anthony Calles, as well as Lujan’s mother and brother, were in the courtroom to hear the testimony.
On the afternoon of July 18, a 9-1-1 call summoned emergency medical responders to a motel room in the 800 block of North H Street, where Diego’s mother, Meagan Davis, 24, and his older sister had been staying. Diego was not breathing, and was transported to the Lompoc Valley Medical Center where he was pronounced dead.

Lompoc police and the prosecutor suspect that Lujan, the live-in boyfriend of Davis, beat Diego for several days before his death.Officers took Lujan into custody that evening.

Lujan is facing several charges: murder, assault on a child causing death, torture and causing corporal injury to a spouse/cohabitant.If convicted he could be sentenced up to 25 years to life.

Lujan was present in court for the testimony. Still in County Jail custody, Lujan sat without obvious emotion as he and Defense Attorney David Bixby listened.

Lujan has also been charged with torture and assault causing great bodily injury of a 1-year-old girl in 2006.

At one point during Frank’s testimony McBeth showed Frank pictures of an infant girl, presumably the one injured in 2006, and only identified as “Jane Doe.” McBeth asked if the girl’s bruised face and fingers were similar to injuries suffered by Diego.

Frank said that the girl’s injuries were bruises, and in similar locations to the ones found on Diego, but that she could not make any other connection.

Bixby cross-examined Frank, questioning the report and prodding for possible innocuous causes for Diego’s injuries, such as a fall on a playground, or roughhousing with his older sister.

“Would a kick do something like this?” Bixby asked, pointing to the photos that showed the damaged intestines.
“Yes, possibly,” Frank said, though she explained the injury would require repeated trauma, and that she had never seen such injuries occur from a child roughhousing with anyone their own size.

The hearing will continue in Lompoc Superior Court today. McBeth said he intends to call Diego’s mother, Davis, and investigating detective Susie Aanerud to the stand.
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Post by twinkletoes Sat Nov 06, 2010 7:34 pm

Jury selection starts in child murder case

Friday, November 5, 2010 12:51 pm

Jury selection is under way in Santa Maria for the trial of a Lompoc man accused of beating a 4-year-old boy to death.

The process of a selecting a jury for the trial of James Lujan, 30,started this morning before Superior Court Judge Edward Bullard. Lujan allegedly murdered Diego Calles, the son of Lujan's then live-in girlfriend, Meagan Davis, in July 2009.

In addition to murder, he is charged with assault on a child causing death and torture in Diego's death. He also faces abuse allegations involving two other children in separate incidents, and a count of domestic violence against Davis.

Jury selection could take several days, and Lujuan's trial likely will start with opening statements from attorneys early next week.
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Post by ladibug Sat Nov 06, 2010 8:06 pm

Why was this guy not in prison? "Lujan has also been charged with torture and assault causing great bodily injury of a 1-year-old girl in 2006.

At one point during Frank’s testimony McBeth showed Frank pictures of an infant girl, presumably the one injured in 2006, and only identified as “Jane Doe.” McBeth asked if the girl’s bruised face and fingers were similar to injuries suffered by Diego."

So many deaths occur at the hands of previous offenders - or people that have outstanding warrants against them and are left to roam free. So heart breaking.
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Post by kiwimom Sat Nov 06, 2010 9:47 pm

I'd like to know that too ladibug. I'd also like to know if Diego's mother was also charged and if not, why not? The abuse happened often and over a few days before he died. What was his mother doing to protect him?
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Post by twinkletoes Sun Nov 07, 2010 9:22 am

kiwimom wrote:I'd like to know that too ladibug. I'd also like to know if Diego's mother was also charged and if not, why not? The abuse happened often and over a few days before he died. What was his mother doing to protect him?
If he had been in prison where he belonged, this would not have happened.

The mother is going to testify against him. He had done this before. Another mother bringing a POS, SOB into her bed and home without regard to her children. He didn't just beat the poor baby, he tortured him, doing unimaginable things to him.

I couldn't find where the mother was arrested and charged. She should have been, she was there and allowed it. It wasn't an isolated incident, so she had ample opportunity to contact LE if she couldn't stop him.
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Post by kiwimom Sun Nov 07, 2010 9:26 pm

It sounds like Mummy did a deal. She'll testify if they don't charge her. If that's the case it makes me sick. This was her child and she's responsible for what happened IMO. Letting off mothers who let their boyfriends hurt their children equates to letting off the person who hired the hitman IMO.
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Post by LostMemory Mon Nov 08, 2010 12:01 am

''This was her child and she's responsible for what happened IMO. Letting off mothers who let their boyfriends hurt their children equates to letting off the person who hired the hitman IMO.'
'

Wow, That's a pretty sick comment.

Btw, I read online that he went seeking females with addiction issues and kids.
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Post by kiwimom Mon Nov 08, 2010 12:16 pm

LostMemory wrote:
''This was her child and she's responsible for what happened IMO. Letting off mothers who let their boyfriends hurt their children equates to letting off the person who hired the hitman IMO.'
'

Wow, That's a pretty sick comment.

Btw, I read online that he went seeking females with addiction issues and kids.
Excuse me, but I don't understand people like you who'd focus on a comment I made which was based on the situation that lead to a child being murdered, when IMO I would have thought you'd be more upset by what happened to this poor wee child and what lead to it. It goes without saying this guy was a lowlife scumbag but there are lowlifes out there - that's life, but what we can and should talk about is the common problem of solo mothers allowing these scumbags into their childrens lives and then standing by and watching them abuse their children. That's what's sick and that's what you should be saying WOW about. If it's alright with you, I'll keep trying to highlight a real problem while you contribute absolutely nothing to try to help prevent these tragedies from happening.
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Post by LostMemory Tue Nov 09, 2010 1:26 am

''the common problem of solo mothers allowing these scumbags into their childrens lives''

There are a lot of scumbags that seem alright.A lot of guys have been getting jelous of their girlfriends kids lately.I have witnessed some who have dated the females in my family, I have experience in this.I know how these guys work.This guy actually went looking for females who are addicts.Now that's one sick puppy.

You just seem to have a black/white theory.
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Post by cindmo Tue Nov 09, 2010 2:34 am

LostMemory wrote:''the common problem of solo mothers allowing these scumbags into their childrens lives''

There are a lot of scumbags that seem alright.A lot of guys have been getting jelous of their girlfriends kids lately.I have witnessed some who have dated the females in my family, I have experience in this.I know how these guys work.This guy actually went looking for females who are addicts.Now that's one sick puppy.

You just seem to have a black/white theory.
Well, most long time members of this forum have experience in reading about "solo mothers allowing these scumbags into their children's lives". Just like there are "a lot of scumbags that seem alright", there are a lot of 'mothers' who are desperate for a man's love and will let their new boyfriends move in after knowing the guy for 2 months. It is the mother's responsibility to KNOW who she is letting move in and care for her children. Once a woman has children, they take the #1 spot, not the mom's sex life.

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Post by RedHead Tue Nov 09, 2010 4:04 am

cindmo wrote:
LostMemory wrote:''the common problem of solo mothers allowing these scumbags into their childrens lives''

There are a lot of scumbags that seem alright.A lot of guys have been getting jelous of their girlfriends kids lately.I have witnessed some who have dated the females in my family, I have experience in this.I know how these guys work.This guy actually went looking for females who are addicts.Now that's one sick puppy.

You just seem to have a black/white theory.
Well, most long time members of this forum have experience in reading about "solo mothers allowing these scumbags into their children's lives". Just like there are "a lot of scumbags that seem alright", there are a lot of 'mothers' who are desperate for a man's love and will let their new boyfriends move in after knowing the guy for 2 months. It is the mother's responsibility to KNOW who she is letting move in and care for her children. Once a woman has children, they take the #1 spot, not the mom's sex life.

Bravo cindmo and Kiwi. LostMemory seems to be part of a family with the same mindset as many of the single mothers of murdered children...."but I needed a man in my life (and F--k my child)"... LostMemory knows this...

LostMemory wrote:''the common problem of solo mothers allowing these scumbags into their childrens lives''

There are a lot of scumbags that seem alright.A lot of guys have been getting jelous of their girlfriends kids lately.I have witnessed some who have dated the females in my family, I have experience in this.I know how these guys work.This guy actually went looking for females who are addicts.Now that's one sick puppy.

WTF! Then why defend women that let these men into theirs' and their childrens' lives?
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Post by inmyfloridaopinion Tue Nov 09, 2010 8:12 am

"You just seem to have a black/white theory."- Lost memory.

No, red is actually the correct color. Anger is from the red river of blood that is running out of these children's lives!!! This is by no means an isolated incident. These are children that didn't have to die. They don't get any say in what happens to them. Can anyone even pretend to begin to say what having your intestines slammed up against your spine so hard that it tears might feel like? We want people to stand up and advocate for these children before they are brutalized. Someone has to step up and protect these children. Why aren't the mothers the very first line of defense?!? Even bears have the common sense to protect their young (ever heard "never get between a cub and its mother", why not humans? Why do so many mothers step aside and leave the children vulnerable? If so many mothers are leaving their posts to be guarded by the escalating predator, isn't it natural to want them held accountable when the worst happens? :judge:
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Post by twinkletoes Tue Nov 09, 2010 9:46 am

kiwimom wrote:It sounds like Mummy did a deal. She'll testify if they don't charge her. If that's the case it makes me sick. This was her child and she's responsible for what happened IMO. Letting off mothers who let their boyfriends hurt their children equates to letting off the person who hired the hitman IMO.
I completely agree.
They surely don't need her testimony to convict the POS.
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Post by twinkletoes Tue Nov 09, 2010 9:49 am

LostMemory wrote:
''This was her child and she's responsible for what happened IMO. Letting off mothers who let their boyfriends hurt their children equates to letting off the person who hired the hitman IMO.'
'

Wow, That's a pretty sick comment.

Btw, I read online that he went seeking females with addiction issues and kids.

Sick comment? Have you lost your memory or your mind?

This woman allowed this man to torture her baby. She brought him into her home, into her bed. In exchange she stood silently by and let him torture her baby to death.

Your comment was the sick one, not Kiwi's. Her concern is for the poor murdered baby. Who is yours for?
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Post by twinkletoes Tue Nov 09, 2010 9:56 am

LostMemory wrote:''the common problem of solo mothers allowing these scumbags into their childrens lives''

There are a lot of scumbags that seem alright.A lot of guys have been getting jelous of their girlfriends kids lately.I have witnessed some who have dated the females in my family, I have experience in this.I know how these guys work.This guy actually went looking for females who are addicts.Now that's one sick puppy.

You just seem to have a black/white theory.

So what if sicko bastards seek out addicts? Why are addicts having babies? Any woman who would bring this type of sicko POS bastards into their beds without regard for their children should be in prison. They don't deserve to be free, making more babies to be abused and murdered.

This is a black/white situation. This woman brought this man into her home and allowed him to torture her baby for days, eventually murdering him. Nothing gray about that.

This woman is a POS who deserves to be in prison. I am curious as to why you joined this blog so you could defend her. Sick.
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Post by twinkletoes Tue Nov 09, 2010 10:09 am

Some background.

Thursday, October 28, 2010

Judge: Child can testify remotely


A judge ruled that a young witness will be able to testify remotely — to avoid emotional trauma — during the upcoming trial of a Lompoc man accused of beating a 4-year-old boy to death.

Superior Court Judge’s Edward Bullard’s ruling came at the conclusion of a two-day hearing that began on Oct. 18 and resumed Wednesday afternoon in his Santa Maria courtroom. The hearing related to the case of James Lujan, 30, who allegedly murdered Diego Calles in July 2009.

Diego was the son of Lujan’s live-in girlfriend, Meagan Davis. Lujan is scheduled to start trial before Bullard on Nov. 5. Bullard listened to the testimony of witnesses on the matter before making his ruling, and also watched a video recording of the girl being interviewed. Attorneys for both sides made arguments before Bullard issued his decision. Per the judge’s ruling, the child will not have to be in court for her testimony, which will be transmitted to the courtroom via electronic means.

The section of the California Penal Code dealing with the issue dictates that a court has discretion to use alternative procedures to protect the rights of a child witness, the defendant and the integrity of the judicial process. “This discretion is intended to be used selectively when the facts and circumstances in the individual case present compelling evidence of the need to use these alternative procedures,” according to the Penal Code.

In addition to charges of murder, assault on a child causing death and torture in Diego’s death, Lujan will be standing trial for allegations that he tortured an 18-month-old girl in 2006 and a charge of domestic violence against Davis.

Davis pleaded guilty in January to a felony charge of child abuse based on her failure to protect her son. She was sentenced to a year in county jail, a year in a residential drug treatment program and five years probation.

Investigators suspect that Lujan beat Diego for several days before his death on July 18, 2009. Lujan was arrested hours later. Emergency medical responders had been summoned to a motel room in the 800 block of North H Street in Lompoc, where Diego and his mother were staying. Diego, who was not breathing, was taken to Lompoc Valley Medical Center, where he was pronounced dead.
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Post by LostMemory Tue Nov 09, 2010 10:24 am

You guys should be holding torches and chasing people.Your posts arn't even debatable.You are acting like an angry mob that has lost it's point.

''So what if sicko bastards seek out addicts? Why are addicts having babies? ''

Tell me you graduated highschool.Your comment doesn't make sense.Yeh, So what if he was a predator and so what about addiction.Read a book or take a class.

''This woman allowed this man to torture her baby. She brought him into her home, into her bed. In exchange she stood silently by and let him torture her baby to death.''

You guys are insane.That is a great imagination.Now lets get back to reality, where things arn't as easy as making things up based on your emotions.

Yes, Be happy that you had a stable upbringing and i had one that taught me a lot.But i'll tell you one thing, you don't know a damn thing you are ranting about here.Atleast, I know i can say that.

And the only injustice concerning law is how they don't have the electric chair for men like this.But they had the bail at 3 million for a reason.The court has been through things like this loads of times.It isn't an accident or stupidity that gets them to decide the outcome of all.

The End.

p.s I still support the site.
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Post by tammers1212 Tue Nov 09, 2010 11:23 am

LostMemory wrote:''This woman allowed this man to torture her baby. She brought him into her home, into her bed. In exchange she stood silently by and let him torture her baby to death.''

You guys are insane.That is a great imagination.Now lets get back to reality, where things arn't as easy as making things up based on your emotions.

The REALITY is that it DID happen.
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Post by cindmo Tue Nov 09, 2010 1:44 pm

''This woman allowed this man to torture her baby. She brought him into her home, into her bed. In exchange she stood silently by and let him torture her baby to death.''

Lost Memory:You guys are insane.That is a great imagination.Now lets get back to reality, where things arn't as easy as making things up based on your emotions.

From the news article in this thread:
In addition to murder, he is charged with assault on a child causing death and TORTURE in Diego's death.
I think YOU must be related to the mom. Nobody else would defend someone who allowed this to go on for days. She had to see the bruises on his body. It took several days (per the report) for Diego to finally DIE. The reality would be HE IS DEAD and his 'mother' did nothing to protect him from her boyfriend. Doing drugs does not exempt someone from being held accountable for not protecting her children.
Also, I think KIWI was saying if mother's are protecting their children and putting them first, it doesn't matter what perv's are looking to get into the house, she won't let them in or be fooled because she is high or desperate or ...

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Post by kiwimom Tue Nov 09, 2010 10:31 pm

LostMemory, you have no idea what backgrounds and upbringing or education or experiences others here who are voicing their views have had. Besides that, it is irrelevant. Anyone who is interested in preventing children being murdered by mummies boyfriend will speak out against girls who are drug addicts raising babies and subjecting their children to all the lowlife boyfriends they bring into their lives. They place their children in harms way and then stand by and watch the torture and death of the child they are supposed to love and protect. This sorry excuse for a mother should have got at least 20 years in prison. You say you support this site. Well this site is dedicated to supporting the children. Just the children. If you want to support useless mothers I'm sure you can find one. If not, I'm thinking you could probably start one.
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Post by RedHead Wed Nov 10, 2010 5:26 am

kiwimom wrote:LostMemory, you have no idea what backgrounds and upbringing or education or experiences others here who are voicing their views have had. Besides that, it is irrelevant. Anyone who is interested in preventing children being murdered by mummies boyfriend will speak out against girls who are drug addicts raising babies and subjecting their children to all the lowlife boyfriends they bring into their lives. They place their children in harms way and then stand by and watch the torture and death of the child they are supposed to love and protect. This sorry excuse for a mother should have got at least 20 years in prison. You say you support this site. Well this site is dedicated to supporting the children. Just the children. If you want to support useless mothers I'm sure you can find one. If not, I'm thinking you could probably start one.

Amen Kiwi! Once a woman has a child, the child should be her #1 priority whether she is married or not. Babies are totally dependent and need loads of attention, love and a feeling of security. I didn't have children because I was not ready to take on that responsibility. When I finally though I was, I ended up marrying a man that had a vasectomy. I have 2 sisters that were single moms. They could not even fathom staying with a man their child did not like. At least their children were old enough to talk and express something like that. Some women (bitches) are already dating when their children are still infants and they giving the man priority over their babies. They need to realize that in the end, their babies are their responsibility and if they leave their baby with their creepy boyfriend or uncle or whatever, they are ultimately responsible for what happens to that baby.
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Post by twinkletoes Sun Nov 14, 2010 11:45 am

Jury hears opening statements in child-killing trial

James Lujan escaped punishment for nearly beating to death the17-month-old daughter of his girlfriend, only to fatally injure the son of another girlfriend three years later.

That was the scenario Senior Deputy District Attorney Jerry McBeth presented to jurors Tuesday morning in his opening statement for the trial of Lujan, who is charged with murdering 4-year-old Diego Calles, the son of Lujan’s then live-in girlfriend, Meagan Davis,in July 2009.

Lujan’s attorney, David Bixby, shifted the jury’s focus in his opening statement to Davis, who he said has changed her story to investigators and used cruel means of punishing her son.

The process of selecting a jury started Friday and continued and concluded Monday for Lujan, 30, of Lompoc.

Opening statements Tuesday morning were followed by testimony from witnesses for the prosecution.

Lujan is accused of physically abusing Diego for several days before the child died on July 18, 2009. He was arrested hours later.

Emergency medical responders had been summoned to a motel room in the 800 block of North H Street in Lompoc, where Diego, Lujan,Davis and Diego’s 5-year-old sister were staying.

Diego, who was not breathing, was taken to Lompoc Valley Medical Center, where he was pronounced dead.

Lujan is charged with murder, as well as assault on a child causing death and torture in Diego’s death. He also faces abuse allegations involving two other children in separate incidents, and a count ofdomestic violence against Davis.

She has pleaded guilty to a felony charge of child abuse based on her failure to protect her son. Davis was sentenced to a year in county jail, a year in a residential drug treatment program and five years probation.

The defendant’s trial before Superior Court Judge Edward Bullard in Santa Maria could last more than a month.

McBeth, the case prosecutor, said in his opening statement that the evidence will show that a 17-month-old identified as Lina suffered two fractured collar bones, a black eye and a serious head injury in 2006 — allegedly at the hands of Lujan.

Doctors at the time were unable to pinpoint the exact time the toddler suffered the injuries.

Lina’s mother, Stacy Burns, was convicted of child endangerment and lost custody of the girl.

Three years later, Diego suffered blunt-force trauma so severe tha this small intestine was seriously damaged, McBeth said. Injuries to Diego’s fingernails were similar to those Lina received, the prosecutor added.

McBeth said the evidence will indicate that Lujan was angered by Diego’s potty-training problems and speech impediment. He beat the boy over the course of several days, forcing him to stand in a certain posture and kicking him when he was unable to hold the pose, McBeth said.

Davis sustained bruising when she tried to help her son.

Lujan’s attorney, Bixby, countered that the prosecution’s pieces ofevidence don’t fit together.

Former neighbors of Davis will testify that they didn’t hear any of the abuse Davis will speak about in court, Bixby said, and that her focus was on scoring methamphetamine.

There will be testimony that Davis bit Diego’s fingers and put himin cold showers as a consequence for bad behavior, he said.

The bruising Diego suffered indicates he was abused over an extended period of time, not just in the last few days of his life as Davis will say, according to Bixby.

“I just ask you respectfully, listen to both sides,” the defense attorney concluded.

The testimony from prosecution witnesses Tuesday centered around the abuse of Lina.

Lompoc police Officer Agustin Arias testified that he responded to the call of Lina not breathing, and saw Lujan standing over the girl with his hand on her chest.

“She was pale, looked like she was turning blue,” the officer said. “He said that she just fell,” Arias testified. “He was nervous, he was rubbing his face, covering his face.”

Lina’s mother, Burns, fidgeted nearby, he said. She had recently used methamphetamine, heroin and alcohol, Arias testified.

Under cross-examination by Bixby, Arias said that anyone would benervous in a situation where a child is seriously hurt.

Dr. Steven Reichel, an emergency room doctor, said on the witness stand that Lina’s injuries indicated shaken baby syndrome, and that she was having trouble breathing because her brain was injured. The trial continues this morning.
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DIEGO CALLES - 4 yo - Santa Maria CA Empty Re: DIEGO CALLES - 4 yo - Santa Maria CA

Post by twinkletoes Sun Nov 14, 2010 11:55 am

Trial continues for man accused of killing child

A toddler who allegedly was severely abused by James Lujan was terrified of him, according to testimony Wednesday in a Santa Maria courtroom.

Lujan, 30, of Lompoc is standing trial for allegedly torturing the then 17-month girl — referred to in court as “Lina” — in 2006, and for the murder of 4-year-old Diego Calles in 2009.

Both victims were the children of women Lujan dated.

Lina suffered two fractured collar bones, a black eye and a serious head injury in 2006.

Doctors at the time were unable to pinpoint the exact time the toddler suffered the injuries.

Lina’s mother, Stacy Burns, was convicted of child endangerment and lost custody of the girl.

Lujan is also accused of physically abusing Diego, the son of his then-girlfriend Meagan Davis, for several days before he died July18, 2009.

The defendant is charged with murder, as well as assault on a child causing death and torture in Diego’s death. He also faces a count of domestic violence against Davis and a charge that he tortured Lina.

Davis has pleaded guilty to a felony charge of child abuse based on her failure to protect her son. She was sentenced to a year in county jail, a year in a residential drug treatment program and five years probation.

The defendant’s trial before Superior Court Judge Edward Bullard started Tuesday and could last more than a month.

On Wednesday, Detective Tammy Clancy with the Lompoc Police Department said that Lujan told her Lina got a black eye from rubbing her eyes too hard.

Lujan’s family friend, Julie Flores, said that she had seen Lina crying on an occasion when she was with the defendant, and he told her to “shut up” and she did.

“She was terrified of him,” Flores added.

Flores also said that Lujan had spanked Lina for urinating in her diaper.

Lujan’s cousin, Roxanne Lujan, testified that while bathing Lina,she noticed bruising on the toddler’s body and forehead, and told Lina’s mother.

On another occasion, she found Lina under a comforter, “sweaty and red.”

When the defendant was around, Lina “just seemed scared,” Roxanne Lujan said.

Under cross-examination by Lujan’s attorney David Bixby, Roxanne Lujan testified that when she told Burns about the bruises on Lina,“she said that it was OK. That she probably fell.”

The witness said that she never saw her cousin strike the baby.
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DIEGO CALLES - 4 yo - Santa Maria CA Empty Re: DIEGO CALLES - 4 yo - Santa Maria CA

Post by kiwimom Sun Nov 21, 2010 10:59 pm

Victim’s mother takes the stand

Wednesday, November 17, 2010 11:37 pm | The mother of a 4-year-old boy who allegedly was beaten to deathby her former boyfriend testified Wednesday that James Lujanpunched and kicked young Diego Calles over the course of severaldays . Meagan Davis, who was called as a prosecution witness in the trialof 30-year-old Lujan of Lompoc, said that two days before her sondied — on July 18, 2009 — he started acting sick, vomiting a coupleof times. The apparent illness progressed until the child was paleand couldn’t walk, then he grew unresponsive. Davis said she was afraid to call for help because she fearedhaving her children taken away. After Diego’s death, Davis initially told investigators that Lujanwasn’t involved, she said, because she didn’t want to be labeled a“rat” for tattling and risk further danger to her family. Lujan is charged with murder, as well as assault on a childcausing death and torture in Diego’s death. He also is standingtrial in Superior Court in Santa Maria for allegedly torturing the17-month-old daughter of a previous girlfriend in 2006, and a countof domestic violence against Davis. Davis has pleaded guilty to a felony charge of child abuse based onher failure to protect her son. She was sentenced to a year incounty jail, a year in a residential drug treatment program andfive years probation. Davis said Wednesday under questioning by Senior Deputy DistrictAttorney Jerry McBeth that Diego started showing symptoms ofillness around July 16, 2009, after she had already seen Lujanstriking the boy. “He just didn’t have a lot of energy like he normally does,” sheadded. Lujan said that Diego was “faking it,” according to Davis, and theabuse escalated. The day before he died, Diego vomited while eating cereal, andLujan became angry, saying that he was making himself throw up,according to Davis. As punishment, Lujan ordered Diego to stand with his hands over hishead, his head back and his knees bent, she said, a stance thatLujan had made Diego take before. When Diego had difficulty holding the position, Lujan began hittingthe boy in his sides and kicking him in the back of his legs,according to Davis. “When I came out of the bathroom, he had Diego in the air, and hedropped him on the ground very hard,” she said. The defendant kept hitting Diego, she added. “I was yelling at him, cussing at him, trying to make him stop,”she testified. Lujan pushed her down, Davis testified, and kept her pinned, thenkicked Diego when he came close. The defendant then began crying “really hard”, Davis said,apologizing and saying he loved her and her kids. “Then Diego walked over and (Lujan) told Diego it’s all his fault,and that all this was happening because of him,” shetestified. On the day Diego died, Davis told the woman working at the frontdesk of the Lompoc motel where she was living that she was havingproblems with Lujan, Davis testified. The woman said she was going to call police, and Davis left themotel on foot with her two children but Lujan met themnearby. By the time the four were back in the motel room, Diego had grownpale and cold, Davis said. “James was holding him in his arms, and he was telling me thateverything was going to be OK with him,” she said. Shortly afterward, Lujan told Davis to call an ambulance and jumpedout the motel room window. Others who were summoned to the motel room tried to revive Diego,and paramedics arrived. The child could not be saved. During cross-examination by Lujan’s attorney, David Bixby, Davistestified that she started using methamphetamine when she was 15,and was using the drug and marijuana the week Diego died. She acknowledged that she had opportunities to tell authoritiesabout the abuse of Diego before he died, including a visit she madealone to a welfare worker. Davis said that she has been violent in the past, and has punchedpeople. “I wasn’t perfect, but I loved my kids,” Davis said. The trial continues Friday.http://santamariatimes.com/news/local/crime-and-courts/article_df43194a-f2e6-11df-bd17-001cc4c002e0.html

Posters note:This sorry excuse for a mother is full of BS. Her excuse for watching her son being tortured for 2 days until he died is that she didn't want to lose her children. BS, she was too high on drugs to get her act together and too worried about being thrown in jail herself. She didn't once think of that poor child. She's a selfish pathetic moron who should never, ever have been allowed to have children in the first place. How pathetic her statement that she isn't perfect but loves her kids. She makes it sound as though she's just the same as anyone else who's "not perfect" and she certainly does not love her children. If she loved them she would have given them up to someone who would give them care and protection and a chance for a good life. One lousy year in jail is not nearly enough. If is wasn't for her actions and choices Diego would still be alive. The courts need to send the message that any mother who places their children in harms way and does nothing to prevent their deaths will get life without parole. She will be back on crack and having more babies to suffer before we finish the trial!
DIEGO CALLES - 4 yo - Santa Maria CA 739318
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