Provo woman says 'maybe' she shook baby once

Published: Wednesday, Nov. 19, 2008 6:46 p.m. MST
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AMERICAN FORK — A Provo woman accused of shaking a baby to death in January 2006 told investigators she couldn't remember every detail of the night that the 5-month-old infant died.

She did tell police she shook the baby once when she noticed something was wrong, but she doesn't know if it was enough to cause his death.

"Maybe I did," said Daniella Ruiz in an Jan. 5, 2006 recorded interview. "Maybe something happened and I blocked it out."

Prosecutors played the recording for jurors Wednesday on the third day of a week-long trial for Ruiz, 26, a mother of four who is accused of causing the death of Brandon Zamora, an infant she was baby-sitting. She faces a murder charge or in the alternative child abuse homicide.

Maria Zamora dropped her son Brandon off at Ruiz's Provo apartment around noon on Jan. 4, 2006. In the interview, Ruiz said she set the boy down to sleep in a room and later heard him crying softly. She changed his diaper and noticed he seemed tired.

Later, she saw he had become pale. She said she shook him and when he didn't respond, she called 911.

A dispatcher coached her on how to perform CPR while medics were on their way. But Ruiz said she didn't understand some of the instructions.

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Medical personnel rushed Brandon to Utah Valley Regional Medical Center where doctors told investigators Brandon might have spinal meningitis. Later that day, doctors at Primary Children's Medical Center said swelling in his brain was caused by inflicted trauma.

Brandon later died. Medical examiners said Brandon suffered a swollen and bleeding brain and internal bruising.

The next day, Ruiz came into the Provo Police Department and talked with investigators. She said she was under a lot of stress because some of her children were sick and her husband was searching for a new job.

"Is it possible you lost control for a few moments?" ask Provo Police Sgt. Reed Van Wagoner.

"I don't know," she said. "I'm hoping not."

Ruiz told investigators she sometimes "blacks out" or blocks memories. She said she couldn't even remember the birth of one of her children.

The prosecution and defense also sparred over the exact cause of Brandon's death. Former Utah State Medical Examiner John Wallace Graham said evidence indicates Brandon's death was the result of a bleeding disorder — with symptoms similar to that of shaken-baby syndrome.

"Do you believe a child could have been injured this severely by shaking?" asked Ruiz's defense attorney Shelden Carter.

"No," Graham answered. He also said he didn't see any external injuries consistent with severe trauma.

The prosecution read a 2006 preliminary trial transcript of testimony given by Maureen Frikke — who worked in the state medical examiner's office until her death earlier this year. Frikke contended Brandon suffered severe trauma prior to his death.

"I believe this child was held and shaken," she said.

Utah Chief Medical Examiner Todd Cameron Grey said he agreed with Frikke's conclusion.

"Brandon died as a result of injuries to the head and torso," he said.

The trial continues Thursday.


E-mail: jdana@desnews.com

Recent comments

Shaken Baby Syndrome is based on assumptions that have been PROVED...

Susan | Nov. 21, 2008 at 8:14 p.m.

Maybe she should have her head strapped into a paint mixer for a few...

Maybe | Nov. 20, 2008 at 4:04 p.m.

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