Flores' trial for attempted murder of an infant is delayed four months

Sep 20 2012 - 7:32pm

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OGDEN -- Trial of a mother's boyfriend in the attempted murder of her infant son has been bumped out four months because of the number of professionals involved in the complicated case.

Apolinar Flores, 37, Ogden, was arrested Feb. 6 after doctors said a 9-month-old boy suffered multiple skull fractures, both new and healing. Since then, Flores has been held without bail in Weber County Jail.

Flores was arrested the same evening he and the boy's mother took the child to McKay-Dee Hospital. He was formally charged the next morning with attempted aggravated murder and felony child abuse.

Flores' trial had been set for four days next month, but at a Wednesday status conference before 2nd District Judge W. Brent West the trial was moved to Feb. 7-12 at the request of the defense and the prosecution.

Afterward, Flores' lawyer, Camille Neider, said it has been difficult to schedule the time of the doctors and other experts expected to testify in the case, as well as to coordinate the calendars of the four lawyers involved, two on each side.

And her client is adamant about going to trial.

"He's been very consistent in his statements that he didn't do anything to the child that could have caused those injuries," she said. "He has maintained consistently that the baby fell."

Flores has been involved with the mother, although not married, for a lengthy time, but he is not the baby's biological father.

After a preliminary hearing May 15, 2nd District Judge W. Brent West ruled from the bench that the evidence was sufficient to advance the case to trial on the second-degree felony child abuse charge.

But, in a rare move given the minimal standard of evidence required in a preliminary hearing, the judge took the aggravated attempted murder charge under advisement.

On May 23, he ruled the evidence sufficient to also advance Flores to trial on the second charge, a first-degree felony with a possible life sentence. Circumstances by statute that upgrade attempted murder to aggravated status include evidence of ongoing intentional serious injury sufficient to create a risk of death.

The infant was flown from McKay-Dee by helicopter Feb. 6 to Primary Children's Hospital in Salt Lake City with traumatic head injuries. According to a probable cause affidavit, Flores admitted to being the only caretaker with the child when the multiple injuries occurred.

"Flores stated that the victim fell off a bed," the affidavit reads. "The doctors stated that this is not possible to produce the injuries."

The injuries were described as multiple skull fractures, a subdural hematoma and bleeding within the brain. They included "old injuries" that were healing and visible on the child's brain, the document said. A neurosurgeon described the injuries as resulting from "a high-energy impact."

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