2011-12-07 Adame

Dead child's mother says boyfriend not abusive

The mother of a 3-year-old boy, who police said died in 2009 of "acute abuse," told authorities at the time that her boyfriend did not abuse her or her eight children, according to excerpts from police interviews played Tuesday.^[1]

In the second day of testimony, jurors on Tuesday heard a police interview with the child's mother, Diane Louise Fuentes-Aguilar, 29, after the death of her then-youngest child Miracuelos Fuentes, 3.

The boyfriend Alan Alexander Adame, 21, is charged with two counts of injury to a child, a first-degree felony punishable by five to 99 years in prison.

Police said the child's body was bruised and malnourished when they arrived at Fuentes-Aguilar's north Amarillo home in February 2009.

In the police interview, Fuentes-Aguilar said she had been in physically abusive relationships with other men. But, she said, Adame, who she has one child with, never abused her other children.

"I don't have no concern with Alan," she said. "He's good to us."

The mother pleaded guilty to injury to a child and is serving 30 years in prison, records show.

To date, seven of the mother's eight children have been adopted, and one was placed with family, said Paul Zimmerman, a spokesman for the Texas Department of Family and Child Protective Services.

A Potter County grand jury indicted Adame, 21, on two counts of injury to a child in connection with the death.

In the April 2009 indictment, the grand jury said Adame failed to seek medical care for the child. The March 2010 indictment lists a host of child abuse allegations against Adame, which include kicking the child and denying him food.

Man gets 23 years, $10K fine in child death case

A Potter County jury Friday sentenced Alan Alexander Adame to 23 years in prison and fined him $10,000 after about two hours of deliberation.^[2]

The jury of five men and seven women found Adame, 21, guilty Thursday of one count of injury to a child, for failing to seek medical attention for Miracuelos Fuentes, 3.

Police found the boy, who was the child of Adame's then-girlfriend, in a north Amarillo home on Feb. 3, 2009.

The jury acquitted him of a second injury to a child charge, which alleged he denied the child food and made him sit in cold baths for hours.

Both charges are first-degree felonies with a maximum penalty of five to 99 years in prison or a life sentence.

A Potter County grand jury indicted Adame on the two counts in April 2009 and March 2010.

Dr. Thomas Parsons, who performed the child's autopsy, testified Wednesday the boy died of blunt force trauma, dehydration and malnutrition.

The lack of food and water were not likely lethal, but the trauma made them a deadly combination for Miracuelos, he said.

"But the fact these occurred at the same time left him in a lethal condition," Parsons said.

Prosecutors on Wednesday showed the jury more than a dozen graphic photos of Miracuelos' body, which was riddled with bruises and cuts, especially to his face and arms.

The child's mother, Diane Louise Fuentes-Aguilar, 29, pleaded guilty to injury to a child and is serving 30 years in prison.

In Fuentes-Aguilar's testimony Wednesday, she said some statements she gave to police were not accurate.

On Tuesday, defense attorney Paul Herrmann played a recording of her police interview, in which she said Adame did not physically abuse her or her children.

"I don't have no concern with Alan," she said at the time. "He's good to us."

In her testimony Wednesday, Fuentes-Aguilar said for the first time that she was not protecting Adame.

"I'm not going to defend him anymore," she said. "I have a dead son. I'm away from my family."

To date, seven of the mother's eight children have been adopted, and one was placed with family, said Paul Zimmerman, a spokesman for the Texas Department of Family and Child Protective Services.

Boyfriend guilty of injuring child before death

A Potter County jury found Alan Alexander Adame guilty Thursday on one count of injury to a child for denying medical care to a 3-year-old boy who later died.

Adame, 21, was charged with two counts of injury to a child after he allegedly deprived medical care, beat and malnourished his girlfriend's 3-year-old son, Miracuelos Fuentes.^[3]

In February 2009, Amarillo police found Fuentes' body covered with bruises and cuts.

A forensic pathologist testified the boy died of blunt force trauma, dehydration and malnutrition.

Jurors deliberated about two hours before reaching a verdict on the charge, which carries five to 99 years in prison. The punishment phase is scheduled to begin Friday in the 320th District Court.

Adame was acquitted of another injury to a child charge that alleged he beat the boy, denied him food and forced him to sit in cold water for long periods of time.

In closing arguments Thursday, defense attorney Paul Herrmann said testimony from the boy's siblings changed each time and that Child Protective Services has investigated the 29-year-old mother, Diane Louise Fuentes-Aguilar, more than 40 times.

Fuentes-Aguilar's children testified Wednesday their mother condoned Adame's beatings and abuse. She admitted Wednesday to watching him beat the boy.

Herrmann questioned the logic of some events, asking jurors how the 3-year-old could have vomited food if he was malnourished or how he was dehydrated if he stayed in a bathtub full of water for hours.

He argued prosecutors were "singularly focused."

"They want you to look at these God-awful photos, look at the boyfriend and say, 'That's it,'" he said. "They are convinced that the boyfriend, who had lived there less than a year, who was 18 years old, is the culprit in this case."

But prosecutors said there was no opportunity to coach the children on testimony.

Prosecutor Audrey Mink said a child could not have made up such stories. The reason the children have reported what they have is because they've lived it, Mink argued.

Mink said Fuentes-Aguilar and a child tried to feed the 3-year-old when he was nearing death. Miracuelos could have thrown up because he couldn't digest the food after being malnourished for months, she said.

"Even if he's not the one spearheading the charge, he's going to know what's going on," she said.

Fuentes-Aguilar, who said Wednesday that some statements she gave to police were not accurate, is currently serving a 30-year sentence after she pleaded guilty to injury of a child.

Adame had one child with Fuentes-Aguilar. Regional CPS spokesman Paul Zimmerman said Tuesday seven of the mother's eight children have since been adopted, and one was placed with relatives.