Mistrial declared in Hall child abuse case 04/15/08 - Grand Island Independent: News
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Mistrial declared in Hall child abuse case

By Sarah Schulz
sarah.schulz@theindependent.com

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An attorney's medical emergency has resulted in a mistrial for a woman charged with seriously injuring her infant daughter.

Ingrid Aguirre, 21, is charged with felony child abuse resulting in serious bodily injury for incidents that occurred between May 16, 2007, when the child was born, and June 20, 2007. The baby and her older brother are now in foster care.

Her trial began last week in Hall County District Court but was delayed until Monday after her attorney had a medical emergency. A mistrial was declared Monday morning.

During testimony last week, two doctors from Children's Hospital in Omaha said the infant suffered 19 rib fractures on three separate occasions and fractures in both legs. One of the doctors said the rib fractures were near the spine and could only have been caused by an adult squeezing hard with their fingers.

Both doctors testified they believed the injuries were a result of abuse.

Grand Island police officer Mike Nelson testified about the multiple trips to the emergency room the baby had during the first month of her life, including twice when the baby quit breathing. He said that when he interviewed Aguirre, she told him the baby was fussy and cried a lot.

She also told him that, though she lived with her sister and brother-in-law, she was the sole caregiver for the baby, he said. He added that Aguirre had "admitted to hurting" her child.

Aguirre took the stand in her own defense Friday. She denied harming her baby and said she only told police she had shaken the child because she didn't think doctors would treat the baby if she didn't say something.

"I didn't shake her," Aguirre testified Friday.

She said she lied to Nelson because she is afraid of police. She also said she had difficulty believing medical personnel when they told her how badly the baby as hurt because doctors in Grand Island were unable to tell her what was wrong during visits to the clinic and hospital.

Aguirre said she also lied about being the sole caregiver for the baby. She said her brother-in-law, who stayed home to watch his own daughter while his wife worked, helped with the baby and Aguirre's older child.

"I didn't want to get nobody else in trouble," she said. "I lied to the police but I'm not lying now. I just want the truth to come out."

A lunch break was taken Friday during Aguirre's testimony and when the jury returned the judge told them that the trial, which was in its fourth day, would resume Monday.

No new trial date has been set. A pretrial hearing is scheduled for today.


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