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COA affirms father’s convictions stemming from daughter’s injuries

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The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.

In Valentin Escobedo v. State of Indiana, 71A03-1202-CR-60, Valentin Escobedo was charged with murder, Class A felony battery and Class D felony neglect of a dependent after his two-year-old daughter was admitted to the hospital with significant injuries that left her brain dead in December 2008. M.E. had a history of sustaining injuries while in the care of her father dating back to December 2006. She had been removed from her parents’ home on several occasions but returned to their care.

When harvesting M.E.’s organs for donation, doctors discovered other injuries to her organs, ribs and bones. The autopsy ruled her death a homicide.

The state wanted to introduce evidence of injuries M.E. sustained in 2007 as it had originally filed charges based on injuries sustained in 2008, but the trial court rejected the state’s motion to amend. That evidence could be admitted if Escobedo’s witnesses opened the door to it. The trial court also allowed a defense witness, Dr. Peter Stephens, to testify on a limited basis regarding the injuries M.E. sustained to her liver and pancreas.

Escobedo was convicted of the neglect and battery charges and sentenced to 53 years. On appeal, he argued the trial court abused its discretion by excluding Stephens’ testimony regarding his opinion that M.E. suffered from a metabolic bone disease.

“Given the factors in Vasquez (v. State, 868 N.E.2d 473, 476 (Ind. 2007)), and our review of the record before us and the specific facts of this case, we conclude that the trial court did not abuse its discretion by allowing Dr. Stephens to testify while limiting his testimony,” Judge Rudy Pyle III wrote. “Here, the trial court weighed the nature of Dr. Stephens’s proposed testimony – which was medical and technical in nature and included topics about which the medical community was in disagreement – with the timing of the filing of the notice – which did not allow the State sufficient time to refute that medical testimony by conducting additional medical testing or by obtaining additional experts to testify – along with the fact that any issue regarding M.E.’s bones had been known and available for a minimum of one and one-half years since (wife) Kristina’s trial.”

Escobedo also claimed that the admission of rebuttal testimony by the state regarding injuries M.E. suffered in 2007 was inadmissible 404(b) evidence. While he was testifying, Escobedo mentioned the injuries in relation to M.E.’s prior removal from the home and denied he was responsible for her injuries.

“Here, Escobedo’s testimony that he was ‘done wrong’ left the jury with a false impression that M.E. was wrongfully removed from his home by DCS. Thus, his testimony opened the door to the State’s introduction of evidence to rebut this false impression. Because Escobedo opened the door with his testimony, Evidence Rule 404(b) did not bar admission of evidence of relating to M.E.’s injuries in 2007 that led to her removal by DCS,” Pyle wrote.

The judges also found that Escobedo’s sentence, for which he received the maximum on both counts, is not inappropriate



 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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