Prosecutors say baby showed signs of abuse

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Jurors on Monday heard new details about the injuries of a 5-month-old baby boy who died in his baby-sitter's care.

Prosecutors in the trial of Daniella Ruiz in American Fork's 4th District Court called paramedics and responding physicians as witnesses to testify of the circumstances in which the seemingly healthy boy died.

Ruiz is charged with murder for the death of 5-month-old Brandon Zamora in 2006. According to Ruiz, the infant was asleep in his car seat when he was dropped off, but he soon became pale and unresponsive.

Visibly moved jurors listened to the recording of Ruiz's 911 call from Jan. 4, 2006, in which she told the operator that the infant had been sleeping and her husband had told her the boy did not look right.

"I don't think he's even breathing," she said.

The emergency operator then walked Ruiz through CPR steps to attempt to revive the boy. One puff of air through his nose and mouth, then five pumps on his chest, she instructed.

"It's not working," Ruiz responded repeatedly.

Provo Patrolman Robert Payne took jurors through a timeline of events that he said Ruiz gave him. The baby's mother, Maria Zamora, dropped him off at 11:30 a.m., asleep in his car seat. At 12:15 p.m., Ruiz changed the infant's diaper and put him back in the car seat as he seemed to want to sleep. At 12:45 p.m. the child grew restless and she went to get his bottle. When she returned, she told Payne, the baby was limp and unresponsive and she tried to revive him.

"She said that she shook the child for a moment to arouse it," Payne said, demonstrating with an up-and-down movement.

Two paramedics testified that Brandon Zamora was unresponsive to stimuli and blue from lack of oxygen. He was rushed to Utah Valley Regional Medical Center while paramedics administered epinephrine to get his heart beating again. Once he arrived at the hospital, emergency-room physician Randy Oliver examined the baby.

Oliver testified that the baby had a white-blood-cell count of 31,000, two to three times the normal level. The baby was in full cardiopulmonary arrest and doctors worked to stabilize him for one hour before he was transported by helicopter to Primary Children's Medical Center.

Defense attorney Shelden Carter asked Oliver whether other possibilities aside from child abuse had been considered as causes for the child's condition. Carter asked whether a blood-clotting problem could have caused the bleeding in his brain, and he noted that paramedics and others who gave the baby mouth-to-mouth were given antibiotics to treat for a possible meningitis infection.

Oliver said he gave the baby antibiotics for meningitis because he had been told the baby was sick during the previous week, and the adverse affects of meningitis can harm a child quickly. Payne and one paramedic said they had taken one dose of their antibiotics but later stopped because they were told the baby did not have meningitis.

Carter also asked whether the baby could have had a vitamin K deficiency, which could hamper blood-clotting efforts. Carter asked pediatrician Chris Maloney, who treated Zamora at Primary Children's, whether 4-month-old vaccines or some antibiotics could contribute to such a deficiency.

"I do not know that at all," he replied.

Maloney said clotting disorders would normally show up in the family history of the patient, and Safe and Healthy Family doctors called in to treat the boy are well-trained to take sure factors into account when signs of abuse are present. Maloney said a physical exam of the child showed no neurological activity and was not consistent with meningitis, and a clotting disorder would likely have manifested itself through bleeding in multiple locations, not just the brain.

"The most likely diagnosis was that he had been hurt, physically harmed," he said.

Pediatric and neural radiologist Richard Boyer showed jurors several CT scans of the infant's head and outlined clear trauma and swelling in his brain. However, he said there are a variety of causes for the injuries. The fluid accumulating in the brain could be caused by a rapid acceleration and deceleration of the head, consistent with shaking.

Boyer said he did not agree with another's finding that the skull was fractured, but instead said the markings on the scan were consistent with sutures present in all babies' soft skulls.

"In my opinion, this is probably within the range of normal of what we might see," he said.

Prosecutors and defense attorneys will continue to present witnesses in the murder trial through the week and into Monday. If convicted, Ruiz could face five years to life in prison.

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