Location: Louisiana (Livingston Parish/Baton Rouge) area.
This is an extended family member of mine (I’m just going to call her my cousin for simplicity) and her husband. They are blue collar and not very educated, and just overwhelmed and don’t know how to proceed. Right now we are trying to pool together money for an attorney but they are well below the poverty line. I also understand this story does not put them in the best light, but I am just looking for advice on next steps rather than judgement (I do 1000% believe they are innocent but of course that doesn’t matter)
- My cousin has fraternal twin girls who are 3 months old and two older children ages 3 and 5 with her husband. When she was 14 she did voluntarily give a baby up to the state.
- Her husband was accused of shaken baby over 15 years ago with his first child having similar symptoms. However, he was acquitted as he was over 200 miles away when the injury occurred. Besides this, neither have any criminal record.
- Last week one of the baby girls had a seizure, and she brought her to the hospital. The hospital found a large brain bleed and believed it was shaken baby. They asked them to bring the other twin in and they also found a small brain bleed. At this point all four children were taken into DCFS care. The twins are still in the hospital and they are not permitted to see them but they can call for updates.
- My cousin believes that it could have been their babysitter who was caring for them shortly before this occured. They found out today that the babysitter has been charged with domestic violence in the past.
- The twins were also premature and had health issues at birth, so that could also be a cause for the symptoms.
- Detectives visited the house and spoke with them and implied that her husband may be charged. I have advised them not to speak with the police anymore until they get a lawyer.
- When the police were there they agreed to a polygraph and had to sign something to that effect (which they were not given a copy of). That is supposed to take place next week. I am not sure if they can back out of that at this point?
- They had their 72 hour hearing where they did not get to speak with their public defender. They do not even know his or her name right now or how to find out. The oldest child was placed in kinship care and the rest are with DCFS (again the twins are still hospitalized)
I guess I am wondering how they can get an attorney possibly pro bono, and what they should do moving forward both in order to reunite with their children and also to protect themselves from criminal liability. I would also really like to know if they can/should back out of the polygraph and stop talking to police at this point since they don’t have representation.
My instinct is that they are basically screwed but any advice would be appreciated.
Thank you!
Comments
Get a lawyer. Hospital will do a skeletal survey to see if any of the kids have broken bones or healed broken bones.