Case of the mistreated baby in Barcelona: the Prosecutor's Office sees indications of attempted homicide attributable to the father

BarcelonaThe Prosecutor's Office has detected new evidence of "extreme gravity" against the father imprisoned for allegedly mistreating his newborn baby of a few weeks in Barcelona, to the point that it now considers that a crime of attempted homicide could also be attributed to him. In fact, the judge of the section on violence against children and adolescents in Barcelona has agreed to keep him in prison, accused of mistreating the child, after he was arrested last March along with his wife, who is free.

In a statement, the Provincial Prosecutor's Office of Barcelona announced this Tuesday that it has asked the judge to convene the parties for a new "urgent" hearing to review the father's personal situation, considering that the evidence incriminating him not only persists, "but has also been extraordinarily reinforced" with the discovery of "new evidence of extreme gravity".

According to the Prosecutor's Office, these new indications "oblige" a reclassification of the facts, understanding that the injuries presented by the baby – six weeks old at the time of detention – "posed a vital risk" to him. In this sense, the public ministry adds, the facts could constitute a crime of attempted homicide, and would be added to the rest of the investigated conduct: habitual mistreatment, serious injury and sexual assault.

Will remain in prison

For the Prosecutor's Office, the provisional imprisonment ordered for the father – initially for obstruction of justice, criminal repetition, and victim protection – is a "proportionate, necessary, and appropriate" measure, which is why it opposes the alternative freedom measures proposed by his defense.

For now, the Prosecutor's Office has asked the judge to convene the parties for a new urgent hearing to review the personal situation of the investigated person, so that preventive detention is maintained, reinforcing the reasons why it was ordered, as it considers that there would now also be a risk of flight. The man's defense also requested that he be released on the grounds that he can no longer influence the testimonies of his family environment, given that they have already testified, although the judge has dismissed this.

The man entered prison on March 20 along with his wife, a nurse at Vall d'Hebron Hospital, both accused of the crimes of habitual mistreatment, serious injuries, and sexual assault on their six-week-old baby, who will suffer lifelong consequences as a result of the events.

However, in May, the Barcelona Court upheld the appeal filed by the baby's mother and ordered her provisional release, with precautionary measures such as the withdrawal of her passport.

In her case, the Court released her considering that the indications against her had been "weakening" throughout the investigation, although it imposed a ban on approaching within 500 meters of the baby and leaving Spain.

The child is under the guardianship of the Generalitat, in a foster family.