The Barcelona Court has provisionally released a mother accused of child abuse, while her husband remains in custody. The court's decision, issued on May 6, followed an appeal by the 43-year-old nurse. Judges considered her Google searches about the baby's health and the father's behaviour "determinant" in their ruling.
Google Searches Prove Crucial
The court's order details specific searches made by the mother. On March 2, two weeks before her arrest, she searched online for phrases such as "My partner is overwhelmed by the baby" and "My partner cannot cope with the baby." Two days later, she searched "My partner does not treat my baby well." That same day, she photographed a bruise on the baby's cheek.
Further searches included "He is not affectionate with my baby" and "He gets nervous and screams when he holds him." The Catalan police (Mossos d'Esquadra) concluded that these searches provided no evidence of aggressive behaviour from the mother. The judges noted her reactions to her son's condition were "coherent and very expressive," describing her as "spiritually crushed" during a court session.
Weakening Indictments Against Mother
The Third Section of the Barcelona Court found that criminal evidence against the mother had weakened as the investigation progressed. This applies specifically to direct acts of abuse. However, the court's order clarifies that her Google searches show she knew about the situation. Therefore, the court cannot entirely exclude her criminal responsibility for a potential crime of omission.
Judges will further investigate the extent of her knowledge regarding the severity of the incidents. They will also assess if she acted quickly enough and consider her physical and mental health after childbirth. For now, they do not believe her continued imprisonment is necessary. The father, however, remains in prison.
Father Remains in Custody
Another court order, also dated May 6, indicates strong evidence against the father. Judges believe he caused several of the baby's injuries. These include rib fractures and neurological damage, which "could be due to shaking or rough handling." The Catalan police report also includes the mother's account to a neighbour. She stated the father "sometimes does not realise how clumsy he is" and once grabbed the one-month-old baby by the legs, dragging him towards himself.
Extensive Medical Evidence
The Third Section believes there is solid evidence of habitual abuse and one or more counts of injury against the father. However, judges expressed doubts about sexual assault charges. They noted that fissures found could have resulted from "compact faeces and difficulties with defecation." The most compelling evidence against both parents is the extensive medical documentation of the baby's injuries.
Before admission to Hospital Vall d'Hebron on March 16, where both parents were arrested, the baby had visited several other Barcelona hospitals. Early in March, parents took the baby to Hospital del Mar for coughing and shortness of breath. Doctors suspected a urinary infection, and a urine bag caused a later bruise. On March 7, they visited Hospital Sant Joan de Déu due to irritability and tachycardia. There, doctors confirmed a genital bruise, an anal fissure, and a bruise on the right cheek.
Three days later, the baby went to Hospital Sant Pau, where blood tests revealed new bruises. After another visit to Sant Pau on March 16, doctors referred the baby to Hospital Vall d'Hebron due to suspected child abuse. At Vall d'Hebron, doctors detected multiple fractures in the ribs, both legs, and face. They also found cerebral fractures and injuries in the genital area, which the court now says could be compatible with a medical probe.
Expert Conclusions and Witness Testimony
Both the forensic expert and the paediatrician at Hospital Vall d'Hebron concluded the injuries were "non-accidental." The father claimed a genetic alteration could explain some injuries, but provided no proof. Experts dismissed this argument, stating no known genetic pathology explains such multiple injuries. Another indicator of abuse is the baby's favourable recovery after the Catalan government (Generalitat) removed custody. The child has been with a foster family since mid-April.
A witness who shared a hospital room with the baby also sought help, pleading "Please, help the baby." She reported seeing the father treating the child poorly, covering his mouth when he cried, shaking him, and "giving him the bottle roughly." The court's resolution notes this witness made no statements about the mother. The father remains in prison due to criminal evidence and the risk of influencing witnesses. The mother is on provisional release with a restraining order against the child and a ban on leaving Spain.
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Originally published by ABC Cataluña. Read original article.
