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The trial for a woman accused of killing a three-month-old foster child in December of 2020 is underway.

Mary Sifuentes is charged with aggravated assault. She was caring for the child after the state took him away from his mother.
During opening statements, a CPS worker said Sifuentes had a strained relationship with the child and was hesitant to take him in as she was already caring for his brother. The social worker also told the court the child’s biological mother was concerned about Sifuentes having contact with the kids, saying they would often act strangely after spending time with her.


The witness then told the jury Sifuentes claimed she had tripped and hit the baby’s neck the night he got hurt, but said doctors told her it might not have been an accident.
Prosecutors claim Sifuentes violently shook the baby and struck him on at least two other occasions, eventually leading to his death.

During testimony, the jury saw police bodycam footage of Sifuentes discussing the baby’s injuries. She told the officer she slipped, while holding him, causing the baby to hit his head on a bouncer.

Sifuentes later told a doctor she panicked and shook the infant because he was not breathing. The doctor later told the officer the baby’s injuries were more consistent with smothering than shaking.
 
The retrial of Mary Sifuentes, accused of aggravated assault of a household member in connection with the 2020 death of a 3-month-old baby boy, continues at the Lubbock County Courthouse.
Day Two: Day two of the trial started with a non-appearance. The baby’s birth mother was issued a subpoena to testify in court Wednesday, but never showed up. The man who issued the subpoena told the court that he believed the mother did not want to appear for this trial.
Two LPD corporals, two LPD officers and a forensic pathologist took the stand. The first corporal was a field and training officer on December 16, 2020. He took photos inside and outside the house shortly after arriving on the scene.

Some of these photos were shown in court, including a few showing the baby bouncer was in the garage at this time instead of in the living room where it normally was.
A picture taken of the area in front of the refrigerator showed the toy car Mary previously testified she tripped on while tending to the baby that day.


The second corporal took the stand next. He works in the ID unit for LPD, which specializes in handling evidence collection and analysis. He took photos of the house and of Myles after he was allowed to do so. The bouncer and the onesie Myles was wearing were presented as evidence to the jury. The bouncer was shown to have sustained damage to the front wire.
The forensic pathologist who conducted autopsies on the baby days after he died testified next. She listed the cause of death for the infant as battered infant, while the manner of death was listed as homicide.

The forensic pathologist says the baby suffered multiple hemorrhages, skull fractures and bruises in areas where it’s very uncommon for an infant to hurt themselves, particularly behind the ears. She said with the extent of these injuries along with other factors, she does not believe they could have all happened during one trip and fall.
Lastly, two LPD officers took the stand. The first officer was a backup officer that day to make sure the scene was cleared. His body camera footage from when he arrived at UMC was shown briefly later in the day.


The second officer was the one to take Mary to UMC. His dash cam and body cam footage were shown to the jury. Sifuentes is shown very shaken up and crying, while also having difficulty breathing.
When she arrives, Sifuentes tells the story of what happened to multiple people. She says she tripped on the ground due to her footing on the tile in the kitchen, with no references to slipping on a toy car as per her previous testimony. She was also seen doing a shaking motion multiple times.


A nurse practitioner told the officer that at the time, just hours after the incident had occurred, the injuries did not appear to be caused by shaken baby syndrome but rather choking or suffocation.
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