Read more: Local, Crime, Capital Murder, Obese Woman, Mayra Rosales, Trial, La Joya, Edinburg, Hidalgo County, Rio Grande Valley, Texas
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Before Mayra Rosales physically appears in a courtroom, there are several pending matters that need to be addressed.
EDINBURG --
Her attorney Sergio Valdez wants access to DNA evidence collected and access to pictures and records collected by Child Protective Services on the 2-year-old nephew she's accused of killing.
"There's at least three independent investigations where the biological father of the deceased child in this case, Eliseo's biological father, is investigated for abusing the child and striking the child on the head with unknown objects," said Valdez. "And, so we believe he's the culprit, he's the perpetrator, and so we believe those records are helpful to Mayra's case."
Valdez also told Action 4 News Tuesday that he wants statements Mayra allegedly made to investigators thrown out.
In a probable cause affidavit Rosales told them "Eliseo (Gonzalez, Jr.) had gotten stuck underneath her bed"... and that "she accidentally slipped landing with her right hand on his head while trying to pick him up".
"Our position is that there was a lot of confusion, coercion at the time the statement was provided," Valdez said. "It's my understanding based on what I've discovered and what we've investigated that the child's mother at the time was at the hospital and Mayra was told that Jaime the child's mother would not be allowed to visit the child before the child became deceased if Mayra didn't write the statement that they wanted."
Valdez doesn't believe the statements should be admissible into court.
"There's several issues, one is whether she was in custody, two whether it was voluntarily or involuntarily and third if she was in custody, whether her Miranda warnings were read," he said.
Another issue is logistics in getting his morbidly obese client, who has a rare thyroid disorder, into a courtroom.
Valdez has proposed using the 430th State District Court, away from the main courthouse.
“That's the only courtroom that has double doors to get into the courtroom and so it's the easiest way to get Mayra into a courtroom," Valdez said. "As we all know, we need to have her carried into the courtroom."
Measurements were taken Tuesday for proposed modifications there.
"I'm going to talk to a cabinet maker or framer so we can make a frame where Mayra can sit and have her day in court."
This case will be back before a judge next week to determine if how much more time is needed before going to trial.
The child's mother Jamie Rosales is also charged in the crime with injury to a child charges.
Jamie has been investigated by Child Protective Services prior to this incident.
She is free on bond, pending the trial.
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