A deputy prosecutor Thursday asked a jury to step back and look at what experts termed the “constellation of injuries” suffered by a 10-month-old baby who was suffocated and eventually died.
Doctors at Children’s Hospital and Regional Medical Center also found evidence of rib, wrist and leg fractures on Lujan Venegas, as well as wounds that were healing on his left fingertips.
A Snohomish County Superior Court jury took all that information into a deliberation room late Thursday after lawyers gave their closing arguments in the trial of the boy’s father, Bernie Venegas, 44.
Venegas is accused of homicide by abuse and second-degree murder.
Jurors heard taped statements in which Venegas “described how on Dec. 15, 2002, Lujan – this dependant, defenseless baby boy – struggled and desperately flailed” when his father put his hand over the child’s nose and mouth, deputy prosecutor Matt Baldock told jurors.
Venegas, in the recordings, told jurors he was just trying to stifle a restless child that morning. He got up, silenced the baby and then went back to bed.
Defense attorney Donald Wackerman conceded that what happened to Lujan might have been Venegas’ fault, but he was adamant it wasn’t murder and it wasn’t homicide by abuse.
Besides acquittal or a murder conviction, jurors will be able to consider whether to convict Venegas of recklessly or negligently causing the death, which would be manslaughter.
Jurors have been hearing evidence for nearly two weeks, and witnesses have included a child-abuse expert from Children’s Hospital who reviewed Lujan’s case. She told jurors the total of Lujan’s injuries pointed to child abuse.
“There’s no reasonable explanation for these injuries except that they were caused by inflicted trauma,” Baldock told jurors.
Venegas lied to police, doctors, social workers and paramedics “to cover up the truth of what happened Dec. 15, 2002,” Baldock said.
Wackerman argued that the state’s charges are not supported by the facts jurors heard.
This is an “undisputed tragedy,” Wackerman said, and Venegas may have some degree of responsibility for what happened. He told jurors that the responsibility, however, does not extend to murder or homicide by abuse.
In the tapes, “he told you his version of what happened,” Wackerman said. “He has to live with that.”
Wackerman said there are possible explanations for all the broken bones, including the broken ribs. Venegas was administering cardiopulmonary resuscitation on Lujan when paramedics arrived at his south Everett apartment. He could have used too much pressure and broken the ribs, Wackerman said.
“Nobody said this man ever raised a hand” to Lujan, Wackerman told jurors. Witnesses also said that Venegas appeared to be a good, happy father who was proud of his infant son.
Wackerman asked jurors to not let emotions overcome the evidence.
Lujan was taken off life support but lived for 14 months after his injury.
The trial has taken years to get to court because Venegas has been in and out of mental hospitals following his arrest. Doctors last year determined he was competent to stand trial and assist in his own defense.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
