Defense lawyers for a couple who authorities suspect might have seriously injured their infant son by tying him up said Friday that police could be railroading their clients.
"It seems to be jumping to conclusions by police, who think they are doctors and really they are not," said Tom Clark, attorney for 26-year-old Anthony Apodaca.
Sydney West, lawyer for Jennifer Stephenson, 20, said, "I think it's very obvious that the state's theory of a ligature is completely not supported by the medical evidence." She said the couple is probably guilty of nothing more than simple negligence.
Stephenson and Apodaca took their 2-year-old son to Christus St. Vincent Regional Medical Center in the last week of January with wounds that police have said looked to have been caused by a ligature. Raised red welts "with distinctive straight edges" wrapped around the back of the boy's legs, according to court documents. They boy had similar injuries on his shins, kneecaps and ankles.
Apodaca told police he found the boy pinned under a 4-foot-tall chest of drawers. He said the boy had apparently tried to climb the piece of furniture, which then fell on top of him and pinned his legs against a rail that runs along the side of the bed, court documents said. Stephenson said she was asleep at the time and didn't hear the boy cry out when the chest fell, documents said.
The boy suffered from "compartment syndrome," which occurs when blood flow to the muscles is restricted, police have said. Doctors have had to remove damaged tissue from the boy's calf muscles. He has undergone three surgeries already, and prosecutor Lara Sundermann said Friday that he is scheduled for another. He has also had numerous skin grafts, and doctors aren't sure he'll walk again, she said.
Both parents have been charged with first-degree child abuse, which carries a mandatory 18-year prison sentence if they are convicted.
Clark said Friday that two doctors have described the boy's injuries as "crush injuries," which would be consistent with the parents' statement.
"My client faces 18 years in prison for what is a tragic accident," he said. "Police were looking for reasons to find abuse."
Stephenson, sitting in the courtroom jury box, sobbed as Clark spoke.
Clark also pointed to several letters that Apodaca's friends and family have written to the court saying he is a caring father as evidence of a tragedy not a crime.
Sundermann, however, said "crush injuries" can be caused by many different things. She also said that the family — which also includes a 1-year-old daughter — has a history of violence, and that the state Children, Youth and Families Department has investigated previously.
West said Stephenson suffers from bipolar disorder, and asked that she be evaluated.
State District Judge Michael Vigil said he wasn't comfortable lowering the $250,000 cash-only bonds for the couple until he hears medical personnel, under oath, tell him about the injuries.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.