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Thread: Death Penalty Trial Delayed for Jorge Barahona in 2011 FL Beating Death of 10-Year-Old Nubia Barahona

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    Death Penalty Trial Delayed for Jorge Barahona in 2011 FL Beating Death of 10-Year-Old Nubia Barahona



    Carmen Barahon, Nubia Barahona and Jorge Barahona




    The father of a girl found dead in the back of a pest control truck on the side of Interstate 95 in West Palm Beach last month has been charged with her death.

    Miami-Dade police said Monday that Jorge Barahona is charged with first-degree murder in connection with the death of his 10-year-old adopted daughter.

    Police said Barahona removed the girl from the bathroom where she had been tied up Feb. 11, brought her to his bedroom and beat her to death as she cried and screamed

    Police said the girl's 10-year-old brother was present while the girl was beaten.

    Images: Barahona Case Timeline

    In a news release, police said that from January 2010 to February 2011 the girl and her twin brother were repeatedly beaten, tortured and "unlawfully caged." Police said they were locked in the only bathroom in the family home for days on end. Police said the children were bound and beaten repeatedly with objects.

    At a news conference Monday afternoon, Miami-Dade Police Department Director James Loftus said this was one of the worst cases he had ever seen.

    "This is, in my experience, one of the saddest commentaries on the human condition that I've ever seen," said Loftus. "It's depressing, it's sickening to think about the circumstances that led two people, working in concert, to perpetrate this kind of horror on their own children, adopted or not.

    ""Someone asked me yesterday, 'How do you characterize this behavior?' It's not human. It's sub-human," added Loftus. "This is not a normal, thank God, occurrence in our society.

    "Barahona was charged with first-degree murder and seven counts of aggravated child abuse Monday.

    Carmen Barahona, the children's adoptive mother, made her first court appearance during the weekend. She was charged with first-degree murder and seven counts of aggravated child abuse in connection with the girl's death.

    The girl was found dead in a plastic bag, covered in a chemical in the back of the truck on Valentine's Day. Jorge Barahona was on the ground near the vehicle.

    Her brother was found in the front seat of the truck, critically burned by the chemical. He was recently released from the hospital.

    “If there ever was a case where the death penalty would apply, it would seem to apply in this one,” said Miami-Dade State Attorney Katherine Fernandez-Rundle.

    A judge Monday morning ordered the release of additional Florida Department of Children and Families documents about the alleged abuse of the girl and her twin brother. Among them, paperwork filled out by the twins' case worker, Andrea Fleary, after a Feb. 10 call to the DCF abuse hotline.

    A relative reported that the girl and her twin brother were bound with tape and forced to stand in a bathtub. Another complaint from someone who knew the family alleged the boy had a facial injury that required stitches, but was only treated with a piece of adhesive tape.


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    http://www.wpbf.com/news/27105925/detail.html

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    Attorney: Aunt, Uncle Of Boy Found On I-95 Looking To Adopt Him

    Hearing To Terminate Carmen Barahona's Parental Rights Held

    MIAMI -- The biological aunt and uncle of Nubia Barahona and her 10-year-old twin brother were at a hearing to terminate Carmen Barahona's parental rights Wednesday morning.

    An attorney for Ana and Isidro Reyes told WPBF 25 News that the couple tried to adopt the twins in 2004 but were denied, and the twins were allowed to continue living with Carmen and Jorge Barahona.

    The Reyeses said they still would like to adopt the boy and bury Nubia.

    The outcome of the parental rights hearing was not disclosed.

    On Monday, Jorge Barahona was charged with first-degree murder and seven counts of aggravated child abuse in connection with Nubia's death.

    Police said Barahona beat the girl to death as she cried and screamed. Police said Nubia's twin brother was present at the time.

    In a news release, police said that from January 2010 to February 2011 the girl and her brother were repeatedly beaten with objects, tortured and "unlawfully caged." Police said they were locked and bound in the only bathroom in the family home for days on end.

    At a news conference Monday afternoon, Miami-Dade Police Department Director James Loftus said this was one of the worst cases he had ever seen.

    "This is, in my experience, one of the saddest commentaries on the human condition that I've ever seen," said Loftus. "It's depressing, it's sickening to think about the circumstances that led two people, working in concert, to perpetrate this kind of horror on their own children, adopted or not."

    "Someone asked me yesterday, 'How do you characterize this behavior?' It's not human. It's sub-human," added Loftus. "This is not a normal, thank God, occurrence in our society."

    Carmen Barahona, the children's adoptive mother, made her first court appearance over the weekend. She was charged with first-degree murder and seven counts of aggravated child abuse in connection with the girl's death as well.

    The girl was found dead in a plastic bag, covered in a chemical in the back of the truck on Valentine's Day. Jorge Barahona was on the ground near the vehicle.

    Her brother was found in the front seat of the truck, critically burned by the chemical. He was recently released from the hospital.

    "If there ever was a case where the death penalty would apply, it would seem to apply in this one," said Miami-Dade State Attorney Katherine Fernandez-Rundle.

    A judge Monday morning ordered the release of additional Florida Department of Children and Families documents about the alleged abuse of the girl and her twin brother. Among them, paperwork filled out by the twins' case worker, Andrea Fleary, after a Feb. 10 call to the DCF abuse hotline.

    A relative reported that the girl and her twin brother were bound with tape and forced to stand in a bathtub. Another complaint from someone who knew the family alleged the boy had a facial injury that required stitches, but was only treated with a piece of adhesive tape.

    http://www.wpbf.com/news/27133690/detail.html

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    Miami-Dade grand jury indicts Barahonas

    A Miami-Dade grand jury on Wednesday indicted Carmen and Jorge Barahona on charges of first-degree murder, aggravated child abuse and child neglect in the slaying of their adopted 10-year-old daughter, Nubia.

    Police had already charged the couple with the murder of Nubia, whose decomposing body was found inside a black trash bag Feb. 14 in the back of Jorge Barahona’s pickup truck in Palm Beach County.

    Her twin brother, Victor, was badly burned by chemicals in the truck, while Jorge Barahona was passed out nearby.

    Authorities had originally charged the Barahonas with first-degree murder and seven counts each of aggravated child abuse and child neglect.

    The grand jury indictment added three more charges that include a neglect count for the husband and wife relating to a third child, the couple’s 11-year-old adopted son.

    In addition, Jorge Barahona was charged with another abuse count for allegedly punching Victor in the lip where he had earlier been operated on for a cleft palate, and a felony charge for the alleged abuse to Nubia’s corpse.

    "This is the first step in the judicial process," Miami-Dade State Attorney Katherine Fernandez Rundle said of the indictment. She added that while no decision had been made on whether prosecutors will seek the death penalty, "it would appear this case rises to that level."

    The indictment came as Barahona was booked into Miami-Dade County Jail on Wednesday to face charges in Nubia’s demise. He had been in Palm Beach awaiting trial for the attempted murder of Victor Barahona.

    Prosecutors Gail Levine and Hillah Mendez are spearheading the state’s case. Kellie Peterson and Kenneth White, of the Region Counsel office, are representing Carmen Barahona while Edith Georgi of the Public Defender’s Office is defending Jorge Barahona.

    The case is before Miami-Dade Circuit Judge Sarah Zabel.

    Investigators say that the twins suffered hellish abuse at the hands of their parents at their West Miami-Dade, tied hand and foot, confined to a bathtub, beaten, starved and tortured. The girl was beaten with a “shoe,” “broom” or “whip,” according to the indictment.

    Her slaying has cast harsh scrutiny on the Department of Children and Families, which approved the Barahona’s adoption of the twins, and also received several complaints about their abuse. A three-member panel later concluded that the department erred in not detecting the abuse before she was found dead.

    http://www.miamiherald.com/2011/03/2...#ixzz1HSXzunuG

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    Barahonas to appear in court; state to announce whether it will seek execution

    Prosecutors will announce whether they’ll seek the death penalty for Jorge and Carmen Barahona -- and the couple will appear in court Monday to hear it for themselves.

    The husband and wife will be arraigned Monday for the slaying of their 10-year-old adopted daughter, Nubia, whose corpse was found in a black trash bag in the back of Jorge Barahona’s truck on Valentine’s Day.

    A Miami-Dade grand jury on Wednesday indicted the couple for first-degree murder, as well as a slew of aggravated child abuse and child neglect charges. On Thursday morning, lawyers appeared in court to discuss various legal issues, including whether the two should appear in court in person.

    Defense lawyers wanted their appearances waived in a case that has drawn intense media scrutiny. Miami-Dade Assistant Public Defender Edith Georgi, representing Jorge Barahona, said his appearance “only adds fuel to the fire” of what has been intense pre-trial publicity.

    But prosecutor Gail Levine argued that Jorge Barahona needs to be in court “to understand the nature of the charges against him.”

    Miami-Dade Circuit Judge Sarah Zabel agreed that the Barahonas should appear for Monday’s arraignment, but can skip hearings afterward. She assured defense lawyers: “This courtroom will not be turned into a circus.”

    Afterward, Levine told reporters that prosecutors had not made the final decision on whether to seek the death penalty. Miami-Dade State Attorney Katherine Fernandez Rundle has said earlier that the state will likely seek the death penalty because of the brutal nature of the allegations.

    Investigators say that the twins suffered hellish abuse at the hands of their parents at their West Miami-Dade, tied hand and foot, confined to a bathtub, beaten, starved and tortured. The girl was beaten with a “shoe,” “broom” or “whip,” according to the indictment.

    Her slaying has cast harsh scrutiny on the Department of Children and Families, which approved the Barahona’s adoption of the twins, and also received several complaints about their abuse. A three-member panel later concluded that the department erred in not detecting the abuse before she was found dead.

    http://www.miamiherald.com/2011/03/2...#ixzz1HX3QhKcc

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    Barahonas to face death penalty on charges of murdering adopted daughter; trial set for July



    Child abuse investigation of the Barahona twins: DCF's "ugly past"

    Interactive timeline of the abuse and neglect Nubia and Victor Barahona faced since birth, as told through DCF records and Palm Beach Post investigative reports. Share condolences | Photos | Facebook comments


    MIAMI — State prosecutors this morning announced they will seek the death penalty against Jorge and Carmen Barahona, the Miami-Dade couple accused of torturing and murdering their 10-year-old adoptive daughter, Nubia, last month.

    Both pleaded not guilty, and Miami-Dade Court Judge Sarah Zabel set their trail for July 18.

    Carmen Barahona, 60, was the first to arrive in court this morning, wearing a red prisoner jumpsuit and walking slow because her wrists and ankles were handcuffed. Throughout the arraignment, she sat quietly next to her attorney, looking down.

    Jorge Barahona, 54, walked in a few minutes after his wife, wearing a special gown used for mentally unstable prisoners. When he walked into court, his hands were tied behind his back, but they were untied when he sat a few seats away from Carmen.

    During the hearing, Jorge Barahona glanced at his wife a couple times, and his attorney Edith Georgi said he was crying throughout the proceeding.

    "He is extremely emotionally unstable," Georgi said after the hearing.

    Neither Jorge or Carmen Barahona showed much reaction when Miami-Dade County prosecutor Gail Levine announced the state would seek the death penalty.

    The Barahonas were arraigned on first-degree murder and child neglect charges in the death of Nubia, whose body was found in the back of Jorge Barahona's pick up truck along Interstate 95 in West Palm Beach on Valentine's Day.

    They also face charges of aggravated child abuse and neglect charges related to Nubia's twin brother, Victor, and their oldest adoptive son Jorge, who is autistic.

    Victor was found sitting in the front seat of Jorge Barahona's truck, seizing and covered in unknown toxic chemicals the same day that Nubia's body was found in a plastic bag, also covered in toxic chemicals.

    This morning's announcement about seeking the death penalty came as little surprise following last week's release of an 18-count indictment by a grand jury accusing the couple of repeatedly locking Nubia and Victor in a bathroom with hands and feet bound, and hitting or torturing them with a shoe, broom and whip.

    The Barahonas allegedly forced the twins to stand or sit in a corner of a room for hours, and stuck them in a recycling or garbage container, according to the report. The couple was also accused of placing a plastic bag over Victor's head, "causing a loss of consciousness or restricting his ability to breathe," the report says.

    Jorge Barahona was also charged for allegedly hitting Victor in the mouth.

    http://www.palmbeachpost.com/news/cr...f-1354203.html

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    Carmen Barahona tries to bar evidence from public

    A Miami mother accused in the beating death of her 10-year-old adoptive daughter is asking a judge not to release evidence in the case before trial because of intense media scrutiny.

    Carmen Barahona's attorney filed a petition Thursday saying the pre-trial publicity will taint the jury pool and prevent her from receiving a fair trial.

    Carmen Barahona and her husband, Jorge, are charged with first-degree murder in Nubia's death. Her body was found partially decomposed in the back of Jorge's truck on Valentine's Day. Her brother survived, but was badly burned after he was doused with a toxic chemical.

    Police said the Barahonas abused the twins for months and locked them in the bathroom.

    The Barahonas have pleaded not guilty.

    Prosecutors said they will seek the death penalty.

    http://www.miamiherald.com/2011/04/2...#ixzz1Kv4ym100

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    Judge weighs evidence release in Fla. girl's death

    A Miami judge said Wednesday she will review what evidence has been collected in the case of a man and woman charged with fatally beating their 10-year-old adoptive daughter and then decide whether to release it to the public.

    Attorneys for Jorge and Carmen Barahona asked Judge Sarah Zabel to seal all pretrial evidence from the public, arguing the intense media coverage would prevent the Barahonas from finding an impartial jury and receiving a fair trial. Defense attorneys gave the judge a computer disc filled with national and local media coverage.

    "You are in a position to recognize the breadth of the penetration of people's thoughts by the Internet and there's no stopping that," attorney Edith Georgie argued. "It will saturate. It will be front page again and again. It will be all over Facebook and Twitter."

    Even readers' comments beneath the Miami Herald's online stories about the Barahona case "are sickening," Georgie said.

    She implored the judge to treat this case differently than other high-publicity cases because it involves the death of a child.

    The Barahonas were charged with first-degree murder and multiple child-neglect charges after their daughter Nubia's body was found partially decomposed in the back of Jorge Barahona's truck along a busy highway on Feb 14. Her twin brother, Victor, was in the front seat badly burned after having been doused with a toxic chemical. He survived and is now in foster care. Biological relatives are seeking to adopt him.

    Jorge and Carmen Barahona have pleaded not guilty to the charges.

    Police said the Barahonas beat the children for months with a broom, stick or other object and locked them in a bathroom for days on end with their hands and feet bound.

    Prosecutors have said they intend to seek the death penalty.

    The case prompted an independent review of the Florida Department of Children and Families and its private contractors. DCF has also made several changes since records showed allegations that the twins were being abused weren't adequately investigated. The agency has since hired 80 new child protective investigators to help with high caseloads.

    Once state prosecutors collect evidence in a case and turn it over to the defense, it becomes public record.

    Three attorneys representing a half-dozen news outlets said the defense failed to show the evidence in question is different from the evidence that state child welfare officials have already released. DCF released thousands of pages in the case.

    "The defendant did not produce evidence to show (the Barahonas) would not get a fair trial if that evidence is released," said Scott Ponce, an attorney for The Miami Herald.

    Judge Zabel said "there are a lot of cases the community is talking about. That doesn't necessarily mean the case should be kept sealed."

    Zabel gave defense attorneys 10 day to assemble a list of what evidence has already been made public and what has not been released. Both sides will meet with the judge to discuss the list. After that, she will decide what to release.

    "It may turn out to be everything... I don't' know until I see it," Zabel said.

    http://www.newstimes.com/news/articl...#ixzz1M4rxVpN2

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    Judge may rule on Barahona evidence

    MIAMI -- A judge is expected to decide whether to release pretrial evidence in the case of Miami parents accused of beating their 10-year-old adoptive daughter to death.

    Attorneys for Jorge and Carmen Barahona have asked a judge to seal evidence, saying the pre-trial publicity will taint the jury pool. Judge Sarah Zabel is expected to rule Wednesday.

    The couple has pleaded not guilty to first-degree murder in Nubia's death. Her body was found partially decomposed in the back of Jorge's truck on Valentine's Day. Her brother survived, but was badly burned after he was doused with a toxic chemical.

    Police said the Barahonas abused the twins for months and locked them in the bathroom.

    Prosecutors said they will seek the death penalty.

    http://www.miamiherald.com/2011/05/2...#ixzz1NMcxzv3L

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    Twins abuse case: Jorge Barahona gets new lawyer

    orge Barahona, the West Miami-Dade man accused of torturing and fatally beating his adopted daughter, is getting a new lawyer.

    A judge on Friday allowed the Miami-Dade Public Defender's Office to remove itself from the case. Assistant Public Defender Edith Georgi, in a court document, cited "hostile" interests but did not elaborate. She declined comment.

    That means a private defense lawyer, paid for by taxpayers, will be assigned the case in the coming days. Jorge Barahona was not present in court Friday.

    Carmen Barahona, his wife who is also charged in the murder, is represented by Kellie Peterson and Kenneth White, of the state-funded Region Conflict Counsel Office.

    Jorge and Carmen Barahona are accused of first-degree murder and a slew of child abuse charges in the slaying of Nubia Barahona, and the abuse of her twin brother, Victor. The couple faces the death penalty.

    Her decomposing corpse was found Feb. 14 in the back of Jorge Barahona's pickup truck alongside Interstate 95 in West Palm Beach. Jorge Barahona was passed out nearby, while Victor was inside the truck, badly burned by chemicals. He survived.

    Authorities say the couple kept the twins bound inside a bathtub inside their West Miami-Dade house, beating and torturing them for months.

    http://www.sun-sentinel.com/news/loc...tory?track=rss

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    Miami-Dade grand jury blasts child welfare agency in Barahona death

    State child welfare workers fail to properly monitor adopted parents as highlighted by the tragic torture and slaying of Nubia Barahona, a Miami-Dade grand jury report said Monday.

    The grand jury’s report examined the vicious death of Nubia Barahona, whose acid-soaked corpse was found Feb. 14 in the cab of her adopted father’s truck in West Palm Beach.

    The report pointed out that the Department of Children & Families repeatedly missed red flags raised about the living condition of Nubia and her twin brother, Victor.

    “The sad reality is if the Barahonas had been the biological parents of Victor and Nubia, a more thorough investigation probably would have been conducted following the various reports called into the Hotline,” the report said

    Jorge and Carmen Barahona were earlier indicted for first-degree murder, aggravated child abuse and neglect in the death of Nubia Barahona, and the torture of her twin brother Victor. They face the death penalty.

    Prosecutors say the couple kept the two children bound in the bathroom of their West Miami-Dade home for months, beating and starving them. On Feb. 14, Jorge Barahona was found passed out next to his pickup truck along Interstate 95 in West Palm Beach, Nubia’s decomposing body in a plastic bag in the back of the vehicle. Victor, splashed with chemicals, was inside the truck, severely injured.

    Nubia and Victor had lived in the Barahonas’ home since 2004, when investigators with DCF removed them from their birth father. Their mother had been homeless and a longtime drug-abuser. Their father had been charged with molesting a neighbor. The twins were foster children until the Barahonas adopted them in 2009. During their seven-year stay with the Barahonas, the twins had been the subject of at least six reports to the state’s child abuse hotline.

    Nubia’s slaying cast a harsh spotlight on DCF, which supported the Barahonas’ adoption of the twins despite multiple warnings of abuse. A three-member panel appointed by DCF’s secretary — which held public hearings and released reams of documents relating to the case — concluded that DCF erred in not detecting the abuse before Nubia’s body was found.

    Monday’s report recommended that child welfare workers have full access to databases containing reports of allegations about at-risk children. The report is non binding.

    http://www.miamiherald.com/2011/07/2...sts-child.html

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