CECILIA CORTES CASE; CHARGED WITH FATALLY SHAKING 4-MONTH OLD DAUGHTER TO DEATH; DETAINED; EXAMINER NOW SAYS DEATH ACCIDENTAL; SHE REMAINS IN JAIL;

"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."

REPORTER RAUL HERNANDEZ; VENTURA COUNTY STAR; (CALIFORNIA);

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Background: Cecilia Cortes was charged with assault on a child resulting in death on April 27, 2009; A police report provides the following details: INCIDENT: 273ab PC / Assault on a child resulting in death; DATE/TIME: 04/27/2009; LOCATION: 4800 Block Saviers Rd. Oxnard; VICTIM/S: 4 month old female child; SUSPECT/S: Cecilia Garcia Cortes, 23 years; PREPARED BY: Sergeant Jim Seitz, Homicide Supervisor; DETAILS: On 4-28-2009 a twenty three (23) year old mother of three was arrested for assaulting her 4 month old child who subsequently died as a result of her injuries.The mother identified as 23 year old Cecilia Garcia Cortes, who recently moved to Oxnard from Fillmore, was home with her three children ages 2 years, 1 year and 4 months on Monday when she apparently became upset due to the 4 month old crying continuously. It is believed that the mother began to violently shake the baby in an attempt to get the child to stop crying. Several hours later the child appeared to have stopped breathing. The child was taken to a local hospital and then airlifted to Children’s Hospital in Los Angeles. The child was on life support until she eventually died at 1:00 pm Thursday afternoon. The mother is in custody at the Ventura County Jail. Her bail is set at $500,000. If convicted of the crime she is facing a sentence of 25 years to life. The other two siblings are in custody of Child Protected Services." On July 30, 2009, a local paper reported that the medical examiner had ruled that the baby's death was accidental - yet Ms. Cortes remained in jail pending a further medical report to be obtained by prosecutors;

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The Ventura County Star's story, by reporter Raul Hernandez, appeared under the heading, "Baby's death ruled accident, mother still in jail", on Thursday, July 30, 2009.

"The death of a 4-month-old girl, whose mother remains in jail on suspicion of assaulting the child, has been ruled an accident," the story begins;

"The infant died from blunt-force trauma, according to the Ventura County Medical Examiner," it continues;

"“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."

The story can be found at:

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

Harold Levy...hlevy15@gmail.com;