Andrea Gallegos and her parents are considering filing a California wrongful death lawsuit against San Bernardino County, superior court judge John M. Pacheco, and others because they could have prevented the death of her 2-year-old son, Isaac in April. The boy's father, 26-year-old Alez Baeza is charged with murder and assault on a child. He has pleaded not guilty.
Andrea says that she went to court last year after the first time her son returned from an unsupervised visit with Baeza with injuries, including scratches and a large bruise. After listening to Baeza's version of what happened, which was that the boy hurt himself when he jumped into a spa, Judge Pacheco determined that there was no reason to modify Baeza's visitation rights and threatened to take custody away from Andrea if she didn't cooperate with the boy's father over visitation.
Andrea says that her son came back from visits with his dad two more times with injuries but that she didn't go back to court because of the judge's statements. In April, Isaac sustained a blow to his head while visiting his dad in Moreno Valley. He was declared brain dead and placed on life support so that his organs could be donated. Andrea says that the child welfare system failed her. Although Baeza's family says that the toddler injured himself when he fell off a bed, homicide detectives contend that the injuries are abuse-related.
San Bernardino County Wrongful Death
Not all parties that are sued for San Bernardino County wrongful death are considered directly responsible for causing a person's passing. In some instances, it is a party's failure to act that can contribute to causing the death.
Ontario family faults judge in toddler's killing, The Daily Bulletin, August 5, 2010
Family: System failed to protect boy, 2, The Press Enterprise, August 3, 2010
Related Web Resources:
Hearing Custody Transcripts (PDF)
Child Protective Services, Department of Social Services
