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Testimony continues in child beating case

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ELIZABETH LANGTON

The Lubbock Avalanche-Journal

A Child Protective Services investigator choked back tears Tuesday as she described seeing the injuries suffered by a 22-month-old murder victim.

Deni Saucedo said she held Modesto Blanco's hand when University Medical Center doctors pronounced him dead on Feb. 10, 2002.

"Modesto was covered from head to toe with bruises, bite marks and what appeared to be cigarette burns," Saucedo said. "He was very thin, frail looking. He was very small."

Prosecutors say Modesto's uncle, 42-year-old Gilbert Escobedo, fatally beat the child. Escobedo is on trial for capital murder.

"I expect the evidence to show the multiple, multiple injuries on this child came from this defendant," prosecutor Jennifer Bassett said. "This child was beaten to death."

Defense attorney Charles Chambers reserved his opening statements until after prosecutors finish presenting their evidence. Based on questions he asked during Monday's jury selection process, he may argue that Modesto died accidentally.

Escobedo told police detectives that he accidentally injured Modesto when he tried to stop the toddler from drinking out of the toilet, according to police reports.

"Gilbert said Modesto was just about to the toilet when he grabbed him with both hands by Modesto's right arm and jerked him back to the right," Detective Rey Martinez's report said. "Gilbert said Modesto hit the top portion of his head on the edge of the open bathroom door. Gilbert said Modesto instantly went limp and fell straight down."

Escobedo and his wife, Gracie, first told police the child drowned in the bathtub. In a statement to a detective that night, Escobedo claimed he was outside the house when his wife found Modesto floating in the tub.

Police initially charged Gracie Escobedo with Modesto's death because she told police she was with the child. More than a week after his wife's arrest, Escobedo contacted Martinez and said his son persuaded him to tell the truth about Modesto's death, reports said.

The murder charge against Gracie Escobedo was dropped after her husband's arrest, but she still faces a perjury charge alleging she lied to the police and impeded their investigation.

CPS had placed Modesto and his three brothers — ages 7 months, 3 and 5 1/2 — with the Escobedos, their aunt and uncle, after the boys' parents lost custody to the state.

The day Modesto died, CPS took custody of his three brothers. Medical exams revealed bruising on the two older boys. A family has since adopted the brothers and a fourth sibling born later.

Testimony continues Tuesday afternoon in Lubbock's 364th District Court.

elizabeth.langton@lubbockonline.com 766-8795

2004 May 18