Thread: Authorities stall deportation of starved child's father

http://www.whotv.com/Global/story.asp?S ... 2&nav=2HAB

Authorities stall deportation of starved child's father


DES MOINES, Iowa A man awaiting deportation to Mexico may have to spend the rest of the year in jail if a judge decides he is needed for an upcoming trial involving his starved daughter and her mother.

Fernando Lopez is the father of three-year-old Consuela Lozano Lopez, who weighed 12 pounds when she died March 28th.

The child's mother Tricia Lozano is charged with starving her and is awaiting a trial in February.

Meanwhile, a Polk County judge is expected to decide within days whether to keep Lopez behind bars until then for a crime he didn't commit.

Authorities say Lopez would have been deported months ago if they didn't need him to verify, under oath, the authenticity of a tape-recorded conversation he had with Lozano after their daughter died.

The toddler was the final survivor of a pair of twins born prematurely to Lozano and Lopez in 2003. The Polk County medical examiner ruled the child died of malnutrition.

http://desmoinesregister.com/apps/pbcs. ... /1001/NEWS

Murder trial witness faces more jail time
Fernando Lopez is being held in connection with his wife's case; prosecutors say it's OK to deport him.

By JEFF ECKHOFF
REGISTER STAFF WRITER

September 22, 2006


A Polk County judge is expected to decide within days whether the father of a starved 3-year-old girl will be sent home to Mexico or forced to wait behind bars until the girl's mother stands trial for murder.

Authorities say Fernando Lopez, 28, would have been deported months ago if they didn't need him to verify, under oath, the authenticity of a tape-recorded conversation he had with Tricia Lozano earlier this year.

The question now before Judge Michael Huppert is whether Lopez, who is not implicated in his daughter's death, should spend another nine months or more in jail because of a crime he didn't commit.

Polk County prosecutor Frank Severino has insisted in court that Lopez "has important evidence as to foundation as to certain physical items in this case" - one item apparently being a tape-recording of a conversation with Lozano shortly after the death of their daughter, Consuela Lozano.

Tricia Lozano, 25, is scheduled to stand trial in February for the first-degree murder of Consuela, who weighed 12 pounds when she died March 28. Authorities say the toddler, the final survivor of a pair of twins born prematurely to Lozano and Lopez in 2003, died because of extreme malnutrition while in Lozano's care.

Lopez, who completed a drunken-driving prison term in May, has been jailed since then as a material witness.

Prosecutors filed papers last month seeking to take videotaped testimony from Lopez and allow federal authorities to deport him for an immigration violation. But Lozano's attorneys contend they have a right to question Lopez extensively and don't yet know what questions need to be asked.

Public defender Jason Shaw called Lopez a potentially key witness "who has intimate knowledge of how Ms. Lozano treated her child." Lozano's defense could be seriously damaged, the lawyers argued, if more testimony is needed and Lopez is unavailable.

"The fact that Mr. Lopez is illegal and (state authorities) no longer wish to pay his room and board does not rise to the level of 'special circumstances,' " as required by law, Shaw argued. "They have to take their witnesses as we have to take our clients - lumps and all."

Johnston police arrested Lozano in May, alleging that she intentionally underfed 3-year-old Consuela, weakening the girl until she stopped breathing. Doctor records reportedly show that Consuela had lost more than five pounds since a check-up in February 2005.

Send them both back ASAP. He is just as guilty as she is as he seen the condition of the children and did nothing to help.

swatchick wrote:

Send them both back ASAP. He is just as guilty as she is as he seen the condition of the children and did nothing to help.

I'm not sure he knew the condition of the child, was he even around? I can't agree with deporting her. She murdered a child and should serve some serious prison time, then deport her. I know we shouldn't have to support her in prison, but what choice do we have? It would be wrong to release here for the murder of a child. Oh, shame on me, I was thinking in regards to the rule of law, something our politicians know nothing about!

Give her life in prison without a chance of parole, then deport her. Keep the husband locked up if he is necessary to ensure the lady gets the max penalty provided for by law - then deport him. In the meantime, send President Fox a bill for the cost of housing them both!