Lawyer: Marine's baby's death accidental

[deadparrot]

FRESNO, Calif. - A Marine charged with beating his 3-month-old son to death handled the child improperly but is not guilty of murder, his lawyer said Monday.

Lance Cpl. Robert Quiroz, 20, did not speak or enter a plea during his first appearance in Fresno County Superior Court. He is charged with murder, two counts of assault on a child causing death, and corporeal injury to a child in the death of his son, Roman Quiroz. His arraignment was scheduled for Dec. 11.

Defense lawyer Ernest Kinney said after the hearing that the death was a case of "improper handling," not murder.

"He definitely played a role. The issue is we think it's absolutely not a murder case," Kinney said. "Our position is that it was an accident."

http://news.yahoo.com/s/ap/20061128/ap_on_re_us/marine_s_baby_killed

[rocktivity]

1. As if a DEFENSE lawyer would say anything else...

:boring:

But wait, there's more...

Quiroz was called home in August, three days after being deployed to a training camp in Kuwait, after his wife gave birth to the boy but suffered an aneurysm shortly after. He arrived in Fresno faced with ending her life support and assuming sole responsibility for their two children.
WHAT? Kinney is peddling an idiotic "mishandling" story when a textbook case of "extreme emotional duress" is right under his nose? Now, THAT'S a defense a jury would buy! Mr. Quiroz, your laywer is a jackass!

:banghead:
rocknation

[TheCowsCameHome]

2. And this is a surprise from a defense attorney? "Improper handling"?

Yeah, they'll buy that.

Duh.

[Christa]

3. Very sad situation

The man was overwhelmed - were was society or some support ?? I would not be too quick to judge him.

[Stargazer99]

4. Where was society to help this young soldier

Sitting on its well to do A** courtesy of Conservative Republicans. Rep/Cons don't believe in helping one another after all they have theirs including most having their sons and daughters at home probably going to an expensive college or university. It is primarily the lower income group that is facing the front lines. Those with the money to educate their children give their children the edge up in rank.

[jbnow]

5. But I would judge this

A state agency also is looking into whether Fresno County social workers failed to investigate whether abuse was happening after the infant suffered a broken arm in October

Babies don't just break their arms.

And really many single parents are overwhelmed and do not injure or kill their child.

[Iris]

6. and a woman in this same situation would get ZERO sympathy, even here at DU.

I should clarify - not a woman soldier, but a woman with, say, postpartum depression.

[JuniperLea]

7. Yep!! If you are a single parent and you aren't a bit overwhelmed...

You just don't care. It's a heavy responsibility and it's very scary. That's why we have parental instincts... so you don't kill your baby out of frustration.

Baby bones are very, very pliable. It must take a whole lot of pressure to break one! If they were so easily broken, you'd hear about it happening during childbirth every single day.

[ninkasi]

8. It can sometimes happen during childbirth

but I would think it's fairly rare. One of my younger brothers had a broken collarbone suffered during his birth, but he weighed almost ten lbs. My mother must have gone through hell.

[JuniperLea]

10. My second weighted 10 lbs...

No broken bones, but his skull plates were overlapped and I had to keep putting them back into place for the first week or so... truly freaky!

I can see a collarbone... it's fairly thin, but a leg or arm bone... that's just too fishy.

[ninkasi]

11. I agree, Juniperx

The broken arm doens't sound like it could have been done just by casual handling. I can't imagine giving birth to a 10 lb. baby. My first was 9, and that was plenty big enough for me!

[kestrel91316]

16. I probably had my collarbone broken at birth also. I have always had

a big hard knot on it, and it really doesn't match the other one on palpation! I have never had any pain or injury there to my recollection. But I was a big baby for a girl (9 lb) and a couple weeks late, and they probably had to pull hard to get me out of a tight squeeze. My mom said I was a VERY cranky baby from day one, and a broken collarbone might explain why, lol! They are not rare, I don't think. And this was back in the 50s, when birth injuries of all sorts were more common.

[FedUpWithIt All]

13. My daughter had a fracture at 6 months...

My ex-husband was changing her in the morning and realized she was hurt. He woke me and we took her to the Dr. Ex-rays showed that she had a fracture on her lower leg. I lost it. I have never been so scared in my life. There was an investigation and it was determined by the orthopedic Dr. that due to the location of her injury, it had would have occurred when she kicked something. The impact location would have been the heal of her foot.

It was a terrifying experience.

[JuniperLea]

18. Newborns have very soft, pliable bones

By six months, they are quite a bit more brittle. Newborns have pliable bones like a mouse... so you can squeeze through little holes:) And the skull is in pieces that aren't yet connected, so the skull can fold in upon itself in order to pass through the birth canal. By six months, all that is firmed up.

[Christa]

9. Agree

that part got me as well :(

[hedgehog]

12. But, but, but

Military service is good for you. I read that in all the threads advocating a universal draft!

[greccogirl]

14. This sounds way too fishy to me. "Improper handling"?

[Le Taz Hot]

15. I live here

and this story has been front page news for a week. The baby was abused by the father (broken arm), CPS was called, they picked up the baby and then GAVE IT BACK TO THE FATHER. This whole thing is a tragedy all the way around. Mother dead, baby dead, dad in jail and, as far as I'm concerned, CPS has blood on their hands.

[Hekate]

17. When I read this in the LAT I was staggered anyone would have left him to care for his newborn alone

The young man in question is all of 20 years old and apparently bonded with his late wife at a very early age. She was his Everything. Then she died shortly after giving birth to his son, while he was in Kuwait. He was sent home to take on the care of a toddler and a newborn. News people interviewed him for his tragic story and noted his demeanor; he said he "struggled to accept his new son." There was a funeral, condolences.

THEN HE WAS ABANDONED WHEN HE SHOULD HAVE BEEN SURROUNDED WITH SUPPORT AND HELP. A baby is dead and a young man's life is in ruins because he did not get the help he needed.

WHAT THE HELL IS WRONG WITH THIS SOCIETY?

:cry:

Hekate