From the South Bend Tribune
By Alicia Gallegos
Tribune Staff Writer
Source: news
Wednesday,January 27, 2010
Edition: mich, , Page A1
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SOUTH BEND — The first red flag that little Maya Jane Escobedo may have been suffering from abuse at the hands of an adult came when the baby was just 5 months old.
During Maya’s trip to the pediatrician in 2006, Dr. Frances Dwyer noticed that the baby’s elbow was swollen and appeared to be broken, she testified Tuesday.
The doctor had seen the baby a few weeks prior for a dislocated elbow and initially believed the child’s mother when she explained that her 3-year-old son had been too rough with the girl, pulling on her arm.
But this time, Dwyer testified that she had her doubts. Further X-rays revealed the child had several fractures including a broken collar bone and broken rib.
“When you have a 5-month-old that doesn’t walk, doesn’t run, it’s a concern,” Dwyer said.
Tuesday marked the first day of testimony against Kristina Byers-Escobedo. The 31-year-old mother is charged with neglect of a dependent, a Class B felony in connection with 2-year-old Maya’s death.
Prosecutors allege Byers-Escobedo failed to protect her daughter from a life of abuse by the girl’s father. The 2-year-old died from a severe head injury in 2008.
During opening statements, St. Joseph County Chief Deputy Prosecutor Ken Cotter told jurors that evidence would show Byers-Escobedo lied about the origins of her daughter’s injuries many times along with neglecting to relay medical history to doctors, even taking her daughter to an out-of-town physician for treatment.
“During the course of Maya’s life, she had been traditionally and routinely injured, where bones were broken,” Cotter said.
But defense attorney Michael Tuszynski said evidence would prove Byers-Escobedo did not inflict any injuries her daughter suffered and that her husband, Valentin Escobedo, gave his wife explanations about the wounds.
Trial information would show his client was unaware of the severity of many of the injuries, Tuszynski said, and that the facts of the case would not add up to negligence.
A parade of workers from the Department of Child Services testified during Tuesday’s trial, detailing their investigation that ended shortly before Maya’s death.
Maya was first removed by DCS after the pediatrician had discovered the broken elbow in 2006. The baby was sent to live with Byers-Escobedo’s parents in Shelbyville, Ind.
Christine Beckman-Johnson of DSC supervised that first detainment of Maya and explained that the department’s first priority is the safety of a child, but that reunification “based on the safety of the child,” is also a high priority.
That’s why after ordering Byers-Escobedo and her husband into parenting classes and therapy, Maya was eventually allowed back into her mother’s home, on the condition that her father not reside there.
Tammy Reihl, a DCS family case manager, testified that she made regular visits to Byers-Escobedo’s home after the child was returned. At the time, Maya was healthy, she said and she found no indication Escobedo was living there.
But in September of that year, Maya was back in the emergency room, this time with what appeared to be a severe blood clot in her mouth. It was also determined that Escobedo had been living with the family, in violation of DSC terms.
Again, Maya was removed and sent to live with her grandparents.
But in November 2007, the baby was allowed back into her mother’s South Bend home. Reihl conducted regular home visits, she said, and both parents complied with DSC conditions, which included Escobedo receiving a mental evaluation from a court-appointed psychologist.
In June 2008, the DSC case was closed and both parents allowed complete access to the child.
“Did you meet with Kristina again?” Cotter asked Reihl.
“No.”
“Did you meet with Maya?”
“No, legally I cannot after the case is closed.”
Near the end of Tuesday’s trial, twin sisters and friends of Byers-Escobedo, Jeana and Jerrica Tripp, testified about having hung out with the woman the night before Maya was fatally injured. The three young women knew each other from college, they said, and decided to call Byers-Escobedo for a short movie outing.
Jerrica Tripp remembered Byers-Escobedo calling her the next day in hysterics, explaining that Maya had been hurt while she was gone and might not live.
“Did she say how (Maya) was injured?” Cotter asked.
“She said Val (Escobedo) had said she’d fallen out of her crib.”
During the conversation, Jerrica Tripp said that Byers-Escobedo admitted to lying to hospital officials, telling them she was home when Maya was injured. Tripp said Byers-Escobedo indicated the explanation was easier than going into all the details.
“She thought that it was really an accident,” Tripp said of Maya’s being hurt.
The case against Byers-Escobedo resumes today at 9:30 a.m.
Staff writer Alicia Gallegos: agallegos@sbtinfo.com (574) 235-6368
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