Abused baby declared brain-dead, mother fights hospital request to take him off of life support


Father could face murder charges

By Dave Andrusko

Alex Lopez Rosales

Alex Lopez Rosales

Alex Lopez Rosales has admitted to police that he hit his 2-month-old son’s head against a wall and against a bathtub on June 24. Isaac Lopez remains at Kosair Children’s Hospital on life support while Rosales (and the baby’s mother) are in the midst of a two-front legal war.

Through his attorney Rosales has pled not guilty to 1st-degree criminal abuse. Meanwhile Isaac’s mother, Iveth Yaneth Garcia-Menchaca, is contesting the hospital request that the baby no longer receive medical care. Kosair has “filed a motion to end Isaac’s life support,” according to Danielle Lama of WDRB television in Louisville.

Lopez Rosales and Garcia-Menchaca have separate attorneys. Another attorney has been “appointed to represent the best interests of the child,” Lama wrote.

The Louisville Courier-Journal reported that Isaac was admitted “with a broken skull, rib fractures, respiratory failure, cardiac arrest and blood and fluid pooling around his brain, according to Jefferson County court filings.” He was declared clinically brain dead the following day.

According to the police report, Lopez Rosales at first said he found the boy on the sofa and had no idea what had happened to him. However, according to Claire Galofaro of the Courier-Journal

“But then he admitted to police that he hit the child’s head on the wall as they left home, the arrest report says. Then he said he also banged the child’s head against the bathtub while bathing him five days before he arrived at the hospital.

“He told police that the baby began crying incessantly, stopped eating and grew lethargic. Lopez said he attempted to take the boy to doctors, but ‘abandoned efforts because the facilities asked too many questions or they were too far away.’

“He and the boy’s mother, Iveth Yaneth Garcia-Menchaca, eventually took the child to the hospital.”

Leslie Bates is the mother’s attorney.

“The petition that is being filed by Kosair’s what they are seeking to do is terminate the parental rights of my client as well as Mr. Lopez,” said Bates. “Preliminary findings must determine that Kosair’s has standing. Kosair’s does not have standing in this matter before any decision is made as to the actual merit of their motion.”

Judge Judith McDonald Burkman made no decision on Monday. She did say, “It’s imperative that the court have the authority go forward and that the parties are aligned correctly and that the parties have the authorities to actually do what they’re doing.”

Judge Burkman asked attorneys to submit their responses to the proceedings by this Friday.

According to media reports, if Isaac is taken off life support, Lopez Rosales could be charged with murder.