"My partner can't stand the baby": mother's internet searches, keys to the abused baby case

BarcelonaThe Barcelona Court has released the mother of the baby who was allegedly mistreated and sexually assaulted in Barcelona without bail. In contrast, in the case of the father, the justice system has decided to keep him in provisional prison. One of the key elements in the investigation has been the content of the couple's mobile phones and computers. Before the child was hospitalized, the woman had searched for information related to the baby's health status, and about "the distress she herself felt regarding her relationship" because the man "did not treat the baby well".

distance herself from the father's actions, claiming she could not control everything he didBoth the man and the woman, who are defending themselves separately, had asked to be able to await trial in freedom, while the Generalitat and the Prosecutor's Office for Violence against Children wanted them to remain in prison, where they entered on March 20. The court considers that as the investigation has progressed, the evidence against the woman has weakened, but, despite this, they leave the door open to her being charged with mistreatment by "omission". In fact, as reported by ARA, part of the woman's defense strategy has been to distance herself from the father's actions, claiming she could not control everything he did. The woman was released from Wad Ras prison in Barcelona this afternoon, at 6 p.m., but while the case is being investigated, she will be prohibited from leaving the country and will have a restraining order from the minor, who is now under the guardianship of the Generalitat and with a foster family after having been hospitalized for a month.

Among the evidence gathered so far, the testimony of the woman with whom they shared a room at the Vall d'Hebron Hospital also carries significant weight. She has been granted the status of a protected witness. As she is a foreigner, her testimony was recorded so that it can serve as evidence in the trial if she is not in the country when the time comes. She is the woman who asked hospital workers for help for the baby, with a Please help the baby" ["Please, help the baby", in English], because she had seen the father treating the child roughly. For example, he would cover his mouth because he was crying, shake him, and give him the bottle roughly. The court notes that, in contrast, this witness made no reference to the mother.

Therefore, the report that the Mossos d'Esquadra delivered to the investigating judge concludes that "there is no information or evidence of a possible aggressive or abrupt character of the mother." They also point out that once the woman understood what was happening to her son and its consequences, she has had "coherent and very expressive" reactions, as the Generalitat's child abuse assessment team also concluded.

Fractures "not accidental"

The court assumes the risk that the woman may "contaminate" the testimonies in the case, as they are people from her circle —an aspect that the prosecution also warns about—, but believes that the lack of evidence against her does not justify keeping her imprisoned. On the other hand, in the case of the man, the court does see "solid evidence" of a crime of habitual mistreatment and one or more crimes of injury. The three magistrates who have resolved the appeals admit that the evidence for a sexual assault charge is "more doubtful" for now, but sufficient to keep the man in provisional prison.

In fact, the main evidence so far are the medical reports about the child, also those from the five visits prior to the couple's arrest. During these visits, new bruises were already detected, and in the evaluations of the child, multiple fractures have been found in different stages of development that forensic experts describe as "non-accidental," affecting both the legs and the genital and anal areas. The defense has attempted to attribute an anal fissure to the child's constipation, but the prosecution denies this, citing the medical reports and the severity of the injuries. Despite these possible doubts, the court adds that for the rest of the injuries, there is indeed different evidence pointing to the father. The child has costal and neurological injuries that "could be due to shaking or rough handling by the father."