Baby May Have Been Abused Before His Murder

Reported by: Leila Walsh
Last Update: 11/16/2007 11:43 pm

News 4 has uncovered disturbing information about a baby who died in foster care and the possibility that Child Protective Services failed to investigate a report of abuse. The boy's death has been ruled a homicide, but abuse was reported in that foster home even before the child died.

Guadalupe Rosales, 1, is now buried in a part of San Jose Cemetery called "Babyland." The gravesite is for young children who died too soon. Baby Guadalupe was born addicted to drugs and died in foster care. He was shaken to death.

The attorney representing the child's estate, Jason Speights, says he now has reason to believe that Guadalupe should have been taken out of that foster home. A judge revealed that before the child died, someone filed a complaint saying that was abuse taking place inside his foster home.

"This really is quite astounding to me that CPS, who is in the business of protecting children, would try to keep us from seeing documents relevant to how one of the children was murdered in their care," said Speights.

Speights is fighting to see those documents, because without them, it's hard to know what kind of abuse may have occurred or whether CPS ever investigated. State Senator Carlos Uresti said he also wants answers to those questions.

"I'm going to follow up and find out if there is an investigation being done by the department to find out how this child died, said Senator Uresti. "It needs to be done."

It has been nearly a year-and-a-half since Guadalupe died. At this point, no one has been charged with his murder.

Emphasis added by H4K Editor