Baby's death ruled accident, mother still in jail

http://www.venturacountystar.com/news/2009/jul/30/babys-death-ruled-accidental-but-mother-still-in/

Baby's death ruled accident, mother still in jail

By Raul Hernandez (Contact) Thursday, July 30, 2009

The infant died from blunt-force trauma, according to the Ventura County Medical Examiner.

“The manner of death was ruled as accidental,” Chief Deputy Medical Examiner James Baroni said Wednesday.

The mother, Cecilia Garcia Cortes, 23, of Oxnard, has been in jail with bail set at $500,000 since her arrest in April.

Cortes’ lawyer, Barbara Lewis, who works for the Public Defender’s Office, said the baby was accidentally dropped by Cortes’ boyfriend.

The child died April 30, according to police, and Cortes was accused of fatally shaking the girl. Lewis said the autopsy was performed May 1, but she didn’t get a copy of the results from the District Attorney’s Office until July 17. She said she was told prosecutors received the results a day earlier.

Lewis said prosecutor Thomas Dunlevy indicated the district attorney is going to seek a second opinion, even though the office has relied on the Ventura County Medical Examiner to do hundreds of autopsies.

“There is no reason to doubt his opinion here,” she said.

Lewis said she will try to meet with Dunlevy this week or next to discuss the case.

An early disposition conference on the case is scheduled for Wednesday, Lewis said.
Dunlevy declined to comment. He said his office will conduct further investigation and know in the next few weeks whether the charges against Cortes will be dismissed.

Baroni said the child died because she didn’t get enough oxygen to the brain after the blunt-force trauma. He said the autopsy required further tests and everything had to be thoroughly reviewed before the medical examiner could issue the findings.
Lewis said Cortes has always maintained that the death was an accident. “She knew the truth would come out,” Lewis said.

Oxnard police initially alleged the infant was crying continuously and Cortes became upset with her. Police said they believed Cortes violently shook the baby to get her to stop crying.
The alleged incident occurred April 27 in the 4800 block of Saviers Road in Oxnard, where Cortes lived after having recently moved from Fillmore, according to police.

The baby stopped breathing several hours later, police said. The child was taken to the hospital and died three days later, police said.