Jurors started deliberating Monday afternoon in a case against a baby sitter charged with murder in the death of a 5-month-old Provo boy.
Daniella Ruiz is charged with murder or a lesser charge of child abuse homicide in the 2006 death of the infant. Brandon Zamora died in January 2006 while in Ruiz's care. Ruiz claimed that the baby was brought to her asleep and later became pale and unresponsive. The infant was taken to Utah Valley Regional Medical Center in Provo in full cardiopulmonary arrest Jan. 4 and died the next day at Primary Children's Medical Center.
In his closing arguments, Prosecutor Chad Grunander said Ruiz nearly admitted to the crime in an interview with police, in which she made such comments as "I feel responsible" and "I know I had to have done something."
Ruiz also mentioned blackout episodes and severe migraine headaches which caused her to not remember periods of time. She suggested doing hypnosis or a visit with a psychiatrist to determine what had happened.
"She gave you everything but the statement, 'I did it,' " Grunander said. "It was almost a full admission."
Grunander said Ruiz's statements on a 911 tape are also crucial to the case, though the tape may have been difficult for jurors to hear. Before Ruiz speaks of Zamora's condition when conversing with dispatchers, she tells what she has done and begins creating her story.
"It's difficult, but it goes to her consciousness of guilt," he said.
When Ruiz was interviewed by police, Grunander said the situation was similar. Ruiz told responding Provo police officer Robert Payne her account of what happened and brought up the idea of shaking the baby up and down to wake him up.
"She brings it up," Grunander said. "It was never brought up to her."
Although there were reports the infant had been sick in the weeks prior to the day of his death, Grunander said his illness could not have been the cause of his death. The dramatic swelling of his brain, bleeding around his spine and kidneys and hemorrhaging in his retinas were caused by trauma.
"Brandon was an otherwise healthy young boy preceding the violence against him," Grunander said.
Defense attorney Shelden Carter told jurors in his summation that Zamora's case is similar to others in the past where abuse has been suspected but did not in fact occur. He cited a case in which a television fell on top of a baby and the child's father was almost charged in the death. In the end, the television set was found and investigators believed the father.
"He was believable," Carter said. "And if you believe Daniella, everything goes out the window."
Carter pointed out that the baby did not have external injuries consistent with child abuse. There were no external injuries linked to the internal injuries, and such force as would cause death would surely have left a sign on the body, he said.
"Let's use some common sense," he said. "If that ever happened, it would be of such rarity that it is almost to the point of unbelieveability."
Dr. Robert Rothfeder, an internist, testified for the defense Monday morning, saying he did not believe that shaking a child could cause enough harm to kill an infant. Rothfeder said he used to subscribe to such a belief, but research in past years has brought controversy to many aspects of Shaken Baby Syndrome.
"That was my opinion based upon the research done in 2001," he said of his prior support of shaken baby theories. "It is no longer my opinion in 2008."
Rothfeder said he now believes that there are several causes of hemorrhaging in the retinas, which has been a strong supporter of child abuse in the past. It was once considered to be present only in cases of child abuse, he testified.
"By the way, nobody looks at a baby's eyes unless child abuse is being alleged," he said.
Rothfeder also said some tests were never done which would have told definitively whether Zamora had a clotting disorder that may have caused his death. Tests that were done showed there was a clotting problem, but Rothfeder said further testing should have been done to determine whether the clotting problem was the ultimate cause of his troubles or whether it was actually caused by trauma to his body that day.
Carter told jurors in his closing arguments there are far too many questions in the case for Ruiz to be convicted. If doctors cannot agree with each other on the facts, he asked, how would the jury determine who was correct?
"I would suggest to you, if you can't, that's reasonable doubt," he said.
Posted in Local on Monday, November 24, 2008 11:00 pm
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