Baby killed by burns had been taken by CPS before

March 28, 2013 5:43:03 PM PDT
We have new information in the death of a baby boy in Pasadena.

Police are still trying to figure out what really happened inside the home that left the 10-month-old boy dead. His body was severely scalded, police say, by boiling water.

"When the time is appropriate and we intend to meet with the police, at that point we'll answer the questions that they have," said Matt Mahoney, one of the attorneys for the baby's parents.

Mahoney and attorney Erin Brown represent the parents of the little boy. Police say the parents are not cooperating with the criminal investigation. We asked the attorneys why.

"With respect to any investigation, people have the right to remain silent," said Brown. "And our clients at this time are simply following our advice and we're waiting for the process to work."

However, neighbor Juanita Presa told us Thursday the boy's father confided earlier in the day that it was an accident which took place while the father was on the phone.

"He said that they had an accident," said Presa. "He was giving him a bath."

Investigators say the child's parents did not call 9-1-1 and instead rushed the 10-month-old to the hospital themselves. Police had to secure a search warrant because the parents wouldn't let them inside the home.

It's not the first trouble at the home. CPS says last summer, the child was taken away from the parents by CPS because of what appeared to be abuse.

On June 13, child welfare workers took a report that the then one-month-old had a fractured leg. The boy was taken from the parents and placed in custody of relatives June 19. In December, a judge ordered the child returned to the home.

CPS tells us a case worker visited monthly The last visit was just two weeks ago on March 12.

"No signs of abuse, nothing unusual," said Estella Olguin with CPS. "He still wasn't' at the point yet where he was walking. His fracture had healed. No signs of anything unusual. No signs of abuse or neglect."

Parents had to, by court order, go to parenting classes and pass drug tests before child was returned. It's not clear if police ever conducted an investigation into that broken leg or why charges were never filed if it was a case of child abuse.

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