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Journal North: Home | Sports | Opinion | Obits | Entertainment
Saturday, March 20, 2010
Parents Remain Jailed
By Vic Vela
Journal Staff Writer
A $250,000 cash-only bond will remain in place for both of the parents accused of seriously injuring their 2-year-old son last month, a judge ruled Friday.
But attorneys for Anthony Apodaca and Jennifer Stephenson argued Friday in state District Court in Santa Fe that the injuries the boy suffered were not caused maliciously.
"Our clients face 18 years in prison over what seems to be a jumping of conclusion by police," said Tom Clark, Apodaca's attorney, "who think they're sometimes doctors, but they're not."
Not guilty pleas were entered Friday by attorneys for Apodaca, 26, and Stephenson, 20, during an arraignment hearing. They each face first-degree child abuse charges stemming from leg injuries that sent their son to the hospital in February. The boy underwent "several" surgeries on his legs, and a doctor at one point feared the toddler might need to have his legs amputated, according to a police report. Police believe there is evidence that the boy's legs had been bound for an extended period of time.
If convicted, Apodaca and Stephenson each face up to 18 years in prison.
The defendants — appearing in court in jail jumpsuits — will remain behind bars on a $250,000 cash-only bond that was set by a Magistrate Court judge during their first court appearance last month. State District Judge Michael Vigil said the bond will stay the same, at least until their attorneys can present more evidence that the injuries the boy sustained were accidental.
"I don't feel comfortable lowering bond until you've had a chance to present medical evidence" that supports the parents' claim that a chest of drawers fell on top of the boy, Vigil said.
Apodaca told police that he found the boy trapped under the chest in his room the morning after his son went to sleep the night before, according to a police report.
Clark said he has letters from medical personnel who believe the boy suffered a "severe crush injury."
"If it is a crush injury, it was consistent with the story of the mother and father," Clark said.
Public Defender Sydney West, who represented Stephenson in court Friday, said the facts in the case do not add up to a felony and, if anything, "it's the most simple case of negligence."
"It's going to be very obvious that the theory of the state ... is completely not supported by medical evidence," West argued.
West also requested a pretrial psychological evaluation for Stephenson, saying her client suffers from bipolar disorder. The attorney intends to bring up the issue of bond at a future hearing.
Responding to defense attorneys' claims that their clients were telling police the truth, prosecutor Laura Sundermann said, "A crush injury can actually be caused in a multitude of ways." She also reminded the judge of the boy's severe injuries and that the boy has had to undergo "numerous" surgeries and he has another one coming up. According to Sundermann, doctors have to keep the boy's leg's "open" because of swelling, and he has undergone "numerous skin grafts."
"There is a question as to whether he will ever walk again," she said.
The boy and his sister, who is also young, are currently in the care of the state Children, Youth and Families Department.
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