Lawyer complains about OMI

Charges will stand in case of baby’s death

A state District Court judge didn’t buy arguments that she should dismiss pending charges of child abuse resulting in the death of a 1-month-old girl against Juan Galindo.

Charged in January 2012, Galindo remains in custody on a milliondollar cash-only bond in connection with the death.

But a motion by his attorney Jeff Buckels appeared to shake something loose from investigators. After being told repeatedly by the Office of the Medical Investigator that autopsy reports had not been made final, Buckels complained in writing to the judge that the delays were unacceptable and unfair — enough to dismiss charges.

“The state has yet to come forward with a medically grounded — and plain English — explanation of how Mr. Galindo is supposed to have caused the death of the child,” the defense motion said. He noted other homicide prosecutions have waited until all the information was in before the state proceeded on charges.

Deputy District Attorney Lisa Trabaudo, however, said she had contacted OMI, too, and finally received a copy of the autopsy report only about a month ago, in mid-January. She said she turned over materials to the defense as soon she got them, including a supplemental police report, Children Youth and Family Department records, fire department records, transcripts of interviews with the child’s mother and other children at the home at the time and Galindo’s police records from Texas.

According to the criminal complaint, the child had black eyes, bite marks on her cheeks and blood coming from her genital area.

The case was not filed prematurely, Trabaudo said. “It was clear to law enforcement and the OMI that the child had suffered non-accidental trauma” and that Galindo was both a flight risk and a danger to the community.

At a brief hearing Thursday, 2nd Judicial District Judge Jacqueline Flores quizzed attorneys about trial dates before settling on Dec. 2, and ordered that slides be turned over to the defense by the end of this week.

She declined to tag the prosecution with administrative delay in producing documents, telling Buckels, “You’ve made your record” for any future appeal.