Post by SoulTrainOz on Jul 21, 2006 0:49:18 GMT -5
A Holland couple accused of killing their infant daughter -- and
mistakenly sent to Texas to face a possible death penalty -- are planning a reunion with their 3-year-old girl after they were released from jail Tuesday.
A Texas judge released Esther and Cipriano Gonzales IV from the Hays County Jail in San Marcos on bond, 4 months after they were locked up. They are still facing murder charges, but their release came after a court victory.
"I just had faith in God," said Cipriano Gonzales' father, Cipriano III, who lives in the San Marcos area. "I just knew they would get out."
The Gonzaleses are accused of causing the March 11 death of their 2-month-old daughter, Cynthea, shortly after they moved from Holland to San Marcos, Texas.
After Cynthea's death, they returned to Michigan for her funeral and were arrested here on fugitive charges March 17.
In late May, they were mistakenly released from the Ottawa County Jail to a prisoner transport company for transfer to Texas before their scheduled extradition hearing, causing more controversy.
Cipriano Gonzales III said the long incarceration -- they missed their daughter's funeral -- has been a strain on the young couple. His son recently alleged he was assaulted in the Hays County Jail by gang members.
"The due process failed. It was just horrible," he said.
The couple, both 23, plan to stay at his father's home in the near term, although their bond allows them to leave Texas. The couple is arranging for a reunion with their daughter, Skyli, who is staying with Esther's mother in Holland.
"That has been the No. 1 thing -- to see their daughter," the elder Gonzales said.
Mary Loredo, who has cared for Skyli since the couple 1st was jailed, said the 3-year-old has held up well, but misses her parents.
"We haven't talked about it too much, but she says she wants her mommy and daddy," Loredo said. "We're just real happy that the judge saw that this was a mistake."
The Gonzaleses have maintained their baby simply stopped breathing as they tried to feed her a bottle. They took her to Central Texas Medical Center three days before her death because she was having trouble breathing, but medical staff found no major problems.
San Marcos police investigators relied on 2 autopsy reports from medical examiners in different counties -- the 1st listing the cause of death as undetermined and the second suggesting severe head trauma, although that examiner later said he was awaiting more evidence to make a final ruling.
The 2nd examiner did not have access to the infant's brain -- a crucial piece of evidence, according to attorneys -- because it accidentally was discarded at a funeral home.
"(Police) really did not have good evidence to charge them in the 1st place," said Leslie Halasz, a lawyer from Texas representing Cipriano Gonzales. "This has been such a nightmare for Cipriano and Esther."
Halasz and another lawyer, Ken Houp Jr., sought a hearing Tuesday to have the couple's $500,000 bond reduced because a grand jury failed to indict them within 90 days of their arrest. But before the hearing started, the Hays County District Attorney's Office agreed to a personal recognizance bond and canceled the hearing.
"This is a pretty big win for our side," said Halasz, who planned to have the 1st medical examiner testify on his conclusion that a small skull fracture found on Cynthea's head would not have caused her death.
The couple is due back in court in early August for a probable cause hearing on the capital murder charge. Officials with the Hays County district attorney and San Marcos police could not be reached for comment.
(source: Grand Rapids Press)
mistakenly sent to Texas to face a possible death penalty -- are planning a reunion with their 3-year-old girl after they were released from jail Tuesday.
A Texas judge released Esther and Cipriano Gonzales IV from the Hays County Jail in San Marcos on bond, 4 months after they were locked up. They are still facing murder charges, but their release came after a court victory.
"I just had faith in God," said Cipriano Gonzales' father, Cipriano III, who lives in the San Marcos area. "I just knew they would get out."
The Gonzaleses are accused of causing the March 11 death of their 2-month-old daughter, Cynthea, shortly after they moved from Holland to San Marcos, Texas.
After Cynthea's death, they returned to Michigan for her funeral and were arrested here on fugitive charges March 17.
In late May, they were mistakenly released from the Ottawa County Jail to a prisoner transport company for transfer to Texas before their scheduled extradition hearing, causing more controversy.
Cipriano Gonzales III said the long incarceration -- they missed their daughter's funeral -- has been a strain on the young couple. His son recently alleged he was assaulted in the Hays County Jail by gang members.
"The due process failed. It was just horrible," he said.
The couple, both 23, plan to stay at his father's home in the near term, although their bond allows them to leave Texas. The couple is arranging for a reunion with their daughter, Skyli, who is staying with Esther's mother in Holland.
"That has been the No. 1 thing -- to see their daughter," the elder Gonzales said.
Mary Loredo, who has cared for Skyli since the couple 1st was jailed, said the 3-year-old has held up well, but misses her parents.
"We haven't talked about it too much, but she says she wants her mommy and daddy," Loredo said. "We're just real happy that the judge saw that this was a mistake."
The Gonzaleses have maintained their baby simply stopped breathing as they tried to feed her a bottle. They took her to Central Texas Medical Center three days before her death because she was having trouble breathing, but medical staff found no major problems.
San Marcos police investigators relied on 2 autopsy reports from medical examiners in different counties -- the 1st listing the cause of death as undetermined and the second suggesting severe head trauma, although that examiner later said he was awaiting more evidence to make a final ruling.
The 2nd examiner did not have access to the infant's brain -- a crucial piece of evidence, according to attorneys -- because it accidentally was discarded at a funeral home.
"(Police) really did not have good evidence to charge them in the 1st place," said Leslie Halasz, a lawyer from Texas representing Cipriano Gonzales. "This has been such a nightmare for Cipriano and Esther."
Halasz and another lawyer, Ken Houp Jr., sought a hearing Tuesday to have the couple's $500,000 bond reduced because a grand jury failed to indict them within 90 days of their arrest. But before the hearing started, the Hays County District Attorney's Office agreed to a personal recognizance bond and canceled the hearing.
"This is a pretty big win for our side," said Halasz, who planned to have the 1st medical examiner testify on his conclusion that a small skull fracture found on Cynthea's head would not have caused her death.
The couple is due back in court in early August for a probable cause hearing on the capital murder charge. Officials with the Hays County district attorney and San Marcos police could not be reached for comment.
(source: Grand Rapids Press)