Victor Barahona Gets to Live with His Aunt and Uncle and Lawsuit UPDATED
Victor and Nubia SHOULD HAVE been afforded kinship care with his aunt and uncle after being placed into foster care to begin with! Even this battle was made ridiculously hard.
“On Friday morning, Miami-Dade Circuit Judge Maria Sampedro-Iglesia signed an order returning the boy to Texas, where he spent most of the summer with his extended family. Victor told authorities he did not wish to live in Florida, but Sampedro-Iglesia ordered his return anyway, for a custody hearing requested by Miami prosecutors who will try his adoptive parents, Carmen and Jorge Barahona, for murder.
But Sampedro-Iglesia took additional actions, as well on Friday: She also announced she would launch an investigation to determine who discussed the boy’s case with The Miami Herald, which reported on the unusual custody battle Friday morning. A source told the newspaper Sampedro-Iglesia will swear in child welfare authorities involved in the case to determine who cooperated with the newspaper.
Weeks ago, Sampedro-Iglesia closed to the public all court proceedings involving the boy, saying she wished to protect his privacy.
On Friday, The Herald reported that Sampedro-Iglesia took testimony at the request of prosecutors who wanted Victor to remain in Miami, rather than be raised among his extended family in Texas. A psychological report presented at the hearing concluded the Texas relatives offered a loving and appropriate home for the boy, now 11.
“I think Victor will get his happy ending,” a source with knowledge of the case said Friday.”
Child abuse survivor can return to Texas
[The Miami Herald 8/19/11 by Carol Marbin Miller]
“[T]the Miami-Dade state attorney’s office objected because prosecutors feared Victor’s uncle may refuse to return the boy to Miami to testify against the Barahonas when they are tried for aggravated child abuse and first-degree murder.”
“Victor’s biological uncle Isidro Reyes, who lives in Texas has been attempting to adopt Victor. Victor reportedly has spent much of the summer with Reyes and his wife who is the sister of Victor’s biological mother.”
“DCF Secretary David Wilkins told Gillen in a recent interview that Victor’s progress toward healing has been nothing short of miraculous.
“Well Victor’s doing well. I’m pleased. I think everyone is pleased. Kids are resilient and uh he’s made good physical progress, mental progress and you know I think he’s got a good future in front of him,” said Wilkins.
There’s no reason, according to Lawrence, why Victor can’t testify at the Barahona’s trial.
“I assume he will have a role in the capital case but he can come back,” said [child advocate] Lawrence. “Let him have a life, please.”
Judge: Victor Barahona Can Be Returned To Texas
[CBS Miami 8/19/11]
Our extensive coverage of this case can be found here
Update: Well, as promised, there was an investigation into the leak of the custody case. Miami-Dade Circuit Judge Maria Sampedro-Iglesia “required [33] state child welfare workers to appear before her to sign statements swearing that did not leak to the newspaper.
The appearances — like the hearing itself — were kept secret from the public.”
“The appearances were not part of a formal hearing, and no notice was given publicly that the meetings were to occur. An attorney for court administrators told The Herald Sampedro-Iglesia has not issued any subpoenas in the case since Aug. 1 — meaning the workers could not have been subpoenaed.
Only one of the 33 people compelled by the judge to appear, DCF’s former regional administrator, Jacqui Colyer, refused to sign an affidavit. In response, Sampedro-Iglesia entered an order banning Colyer from her courtroom until the child welfare case is resolved, sources have told the newspaper. Colyer, who resigned from DCF Aug. 9, declined to discuss the matter with a reporter, saying she no longer is involved in DCF’s affairs.”
Victor’s New Texas House
“Sources say prosecutors argued that Victor should remain in foster care in Miami, rather than live in Texas with his extended family, which he had grown to love. His uncle had renovated a bathroom so that Victor did not have to be near a bathtub, which was the scene of much of his torment. Police and prosecutors say the boy had been tied up and forced to live in a bathtub with his sister, even being forced to eat in the bathroom.”
“Star Chamber”
“In a letter delivered Wednesday to Chief Judge Joel H. Brown, another Herald attorney, Sandy Bohrer, called the proceedings “a star chamber system of justice.”
“Judge Sampedro-Iglesia had no authority to conduct these private proceedings, she did so in violation of Florida law regarding the closure of judicial proceedings, she did so in violation of an agreement between the Court, through its general counsel and counsel for The Herald, and she did so in violation of all notions of procedural justice, all to reach a substantive result for which there is no authority under Florida law,” Bohrer wrote in the letter.
Through General Counsel Linda Kelly Kearson, court administrators have refused to release a copy of Sampedro-Iglesia’s order regarding Colyer, or other records associated with the proceedings, citing the confidentiality of juvenile court records and “the best interests of the minor child” at the center of the case. On Wednesday, Kearson also declined to answer a dozen questions emailed to the court system’s spokeswoman, Eunice Sigler last week.”
“Talbot “Sandy” D’Alemberte, a former president of the American Bar Association, said Sampedro-Iglesia appeared to be “very distinctly over-reaching” when she “coerced” people to go to the courthouse to sign statements outside a formal hearing.
“She had no authority,” said D’Alemberte, the former dean of Florida State University’s law school and FSU’s former president, who still teaches there.
“I think the whole thing is simply bizarre. I’ve heard of some things that are damn strange, and this certainly makes the top 10 list,” said D’Alemberte. “The whole idea of closing not only the proceedings, but also keeping the order secret, fundamentally violates everything we know about open courts and destroys the fundamental principal of open proceedings,” he said.
But a former judge and top prosecutor said judges have enormously wide latitude, and Sampedro-Iglesia likely did not exceed hers.
Bob Butterworth, who has been a Broward Circuit Court judge, Broward sheriff, attorney general and DCF secretary during a 40-year career in public service, said Sampedro-Iglesia was well within her authority to seek out the source of leaked information. “I always say: Follow an order, and if you don’t want to, appeal it,” said Butterworth, who was the top administrator at DCF during 2007 and 2008. “Judges have a lot of discretion; they really do.”
Butterworth added: “Judges take gag orders — especially when it comes to kids — very seriously.”
Barahona judge goes after gag-order violators
[Miami Herald 10/20/11 by Carol Marbin Miller]
Update 2: Details about the forced affidavits revealed.
“The case has come to symbolize the longstanding tensions between the rights of abused children to keep private the details of their suffering — versus the public’s desire to hold its government accountable. In the months following Nubia’s death, The Miami Herald went to court four times seeking to compel the release of records or fight efforts to close to the public hearings about the Barahona children. The details surrounding the efforts of Sampedro-Iglesia and State Attorney Katherine Fernandez Rundle to identify leakers are contained in court records the newspaper obtained this week after filing suit for their release. “One of the greatest privileges our Constitution provides is free press afforded by the First Amendment; however, the children in this case deserve their right to privacy, and it is this Court’s responsibility to protect these children,” Sampedro-Iglesia wrote in an order. But Carole Shauffer, executive director of the Youth Law Center, who is helping Florida’s Department of Children & Families improve foster care under a private grant, said privacy concerns often have been used to shield public officials from scrutiny. “Agencies act,” she said, “as if the privacy is there to protect them. It is not. It is supposed to protect the child.”
“Amid such controversy, Sampedro-Iglesia closed all future court proceedings regarding the three surviving Barahona children, including Victor, to the public in an order dated July 21.
Under Florida law, hearings in which the state seeks to terminate a parent’s right to his or her children are closed to the public. The Herald’s attorney argued that the custody dispute, and other matters, were not part of such termination efforts, as both Barahona parents, now awaiting trial for murder and aggravated child abuse, had surrendered their rights. The judge disagreed.
A month later, at the request of prosecutors, Sampedro-Iglesia ordered Victor brought back to Miami from the home of his birth uncle in Texas for a hearing to determine who would continue to raise him.
Child welfare administrators wanted Victor to remain in Texas, but prosecutors were seeking his return to foster care in Miami.
On Aug. 19, The Herald reported that Victor had become the subject of a “judicial tug of war,” and that many child welfare experts felt that the hearing never should have been held. Victor himself had testified he wished to remain “with Tio and Tia” in Texas.
The Herald was forced to rely on anonymous sources for the story because its reporters had been kept out of the courtroom. Insisting that children should never be returned to foster care when a qualified relative wished to adopt them, the head of the University of Miami Law School’s Children & Youth Law Clinic, Bernard Perlmutter, said at the time: “It seems like some kooky things have occurred here.” [Kooky isn’t the word that comes to Rally’s mind.]
“The day the story appeared, Sampedro-Iglesia filed an order that Victor be allowed to live with his relatives in Texas.
Six days later, on Aug. 25, Sampedro-Iglesia signed a “gag order” once again forbidding parties to the dispute from discussing it. “Audaciously with the highest degree of impertinence,” she wrote, a courtroom observer even leaked the date of her court hearing to determine the identity of leakers.
“The cumulative effect of the media coverage and statements made by various persons, if allowed to continue, would contravene the basic principles set forth” in state child welfare law, she wrote. Whoever spoke with the newspaper, she wrote, betrayed “not only the trust of the Court, but, most importantly, the trust of the minor child who is relying upon the good graces of adults to protect him from further sensationalistic intrusion into his private life.”Sampedro later cancelled the hearing.
But, records show, she instructed parties to the Barahona case to go into her chambers following an Aug. 26 status conference, and had her judicial assistant give them all copies of an affidavit stating they had not divulged confidential information.
Of 33 people asked to sign them, only one did not. Former DCF Regional Administrator Jacqui Colyer, who had retired from the agency, was banned by Sampedro-Iglesia from appearing in her court for any other proceedings involving Victor. “Colyer has apparently decided to refrain from providing the Affidavit and has offered no explanation to the Court regarding such decision,” Sampedro-Iglesia wrote in a Sept. 22 order.Sampedro also wrote two orders limiting the number of people who can attend future Barahona hearings, and, having concluded that she had “appropriately addressed the breach of confidentiality,” denied a request from State Attorney Katherine Fernandez Rundle to hold further proceedings to identify the leakers. Fernandez Rundle, she wrote, had authority to investigate the matter herself. Richard Gelles, dean of the School of Social Policy and Practice at the University of Pennsylvania, a well-regarded children’s advocate who followed the case closely, said it was the state that failed the boy and his sister.”
““Every judge who has had a hand in this case, every agent of state government, has to be accountable. They are part of the legal parentage of this boy.”
Barahona judge’s efforts to ferret out leaks detailed
[Miami Herald 12/30/11 by Carol Marbin Miller and Diana Moskovitz]
Update 3: New Details available in Victor’s abuse.
“In the year since Nubia Barahona’s body was found in the back of a car on I-95 in West Palm Beach, her twin brother Victor has been in the care of Katia Garcia, his new foster mother.
The State Attorney’s Office says the twins were brutally beaten by Jorge and Carmen Barahona for years.
Victor survived. Now he’s opening up about the alleged abuse to his foster mother Katia.
“His father would put a bag over his head and choke him. And there were a couple times he was close to dying,” said Garcia, in an earlier taped interview released Monday.
Victor tells Garcia the abuse was often to torture, not to kill. “He says his father poured hot sauce in his eyes, ears, nose and mouth.”
Garcia also told investigators Victor talks about the abuse he and Nubia allegedly suffered. Both were allegedly bound by their ankles and wrists with wire or rope in the bathtub. Victor also confided in his foster mother that Jorge Barahona would pour ice water, Clorox, even Drano on them.
Garcia says the boy is calm unless he’s talking about the abuse; she says when describing it he becomes physically upset.
“He stutters, he can’t complete a sentence and has nervous twitches in his eyes,” says Garcia.
Jorge and Carmen remain behind bars on murder and child abuse charges. A trial date for the couple has not yet been scheduled.”
New records reveal horrific abuse allegations against Jorge and Carmen Barahona
Recorded interview with foster mom released
[WPTV 2/6/12 by Marissa Bagg]
Update 4: More details and the audio tape were revealed on Tuesday February 7, 2012.
Other details include “Another time, the elder Barahona glued the boy’s eyes shut and once made him eat a cockroach.
At mealtimes, Victor and his twin sister Nubia could eat only bread and milk, maybe once a week in the bathtub, while the other children in the home dined on shredded beef, rice and beans.
Any leftovers from the “good food” would go to the family’s dog.”
“In the months after the incident, the effects of Victor’s ordeal was clear, Garcia told Miami-Dade detectives.
He had been so starved that he wolfed down food quickly in the beginning of his new life.
“He wouldn’t eat with silverware,” Garcia said. “He’d eat with his mouth open. He wouldn’t wash his hands.”
The memories of abuse trickled out slowly and spontaneously, triggered by mundane events.
Once, Victor noticed Garcia applying false eyelashes — and he recalled how his own fell out after Jorge Barahona glued the boy’s eyes shut. Another time, Victor saw Garcia’s husband filling a pitcher with ice and he remembered the icy dousings in the bathtub.
The narrative he built was calculated and cruel.
Victor did not relate any episodes of physical abuse specifically by Carmen Barahona, but noted that “she used to call him names … every bad word I can think of,’ ” Garcia said.
Jorge Barahona — Victor always called him “my father” — called him names, too , but went beyond verbal abuse, according to Garcia’s statement.
Victor showed her how he and Nubia would be hogtied or bound by the wrists and ankles, usually with rope, tape or wire. Often, he was forced to put his hands underneath his legs with his body contorted into a hunched twisted ball that left him barely able to walk when freed.
The father shaved his and Nubia’s hair. Once, Jorge Barahona whipped him with a mop handle so wickedly that it left a large scar on his head. To this day, the boy is self-conscious about cutting his hair too short, lest the mark be visible, Garcia said.”
“A large scar on Victor’s lip was a result of a punch from Jorge Barahona. His back, too, bore witness to whippings and even the edges of his mouth showed signs of a sock being tied around his lips to silence him.”
“Jorge Barahona showed no affection for the twins, Victor told Garcia, and the boy could not fight back against the thickly built man.
His sister’s condition haunted the boy. Victor recalled a big scab that covered nearly her entire forehead. He recalled Jorge Barahona dipping the girl’s feet in “Clorox or Pinesol.”
When Nubia disappeared, Jorge Barahona told him that she had moved away.
On his birthday too — which is her birthday too — he “had a hard time” and cried several times, Garcia said.
Said Garcia: “He missed her and he thinks about her.””
Link to audio: http://media.miamiherald.com/smedia/2012/02/06/20/19/16wvQY.So.56.mp3
Extra things in the audio include: Draino being poured on them while in the tub; mouths taped shut often; whip mark on Victor’s back; it was crazy glue that was used to glue his eyes shut and when they were opened his eyelashes fell out; that from the beginning Jorge did not show any affection to Nubia or Victor and never told them that he loved them; Victor felt that they were in the tub for days to weeks at a time; that when they were pulled from school in June 2010, they were homeschooled by Jorge for only 2 days and then never again. Victor started living with his aunt and uncle on March 1, 2011 and the audio was taken on June 7, 2011.
Audio statement details torture of 10-year-old Victor Barahona
[Miami Herald 2/6/12 by David Ovalle]
REFORM Puzzle Piece
Update 5: “For the second year in a row, the Florida Legislature is poised to finish a session without awarding any of the legal damages owed to the surviving victim of one of the most horrific child abuse cases in state history.
Victor Barahona, the surviving twin brother of Nubia Barahona, was found near death and covered with pesticides alongside his sister’s decomposing body on Interstate 95 in Palm Beach County in 2011. They were 10 years old.
The twins had been sexually abused, starved and forced to sleep in a bathtub for years by the foster parents who adopted them, Jorge and Carmen Barahona. They were ordered to eat cockroaches and consume food that contained feces and, despite numerous complaints to the child abuse hotline and warnings from teachers, the state failed to stop their parents from routinely beating and binding them inside their West Miami-Dade home.
A report commissioned by David Wilkins, then secretary of the Department of Children and Families, found that the agency’s “failure in common sense, critical thinking, ownership, follow-through, and timely and accurate information-sharing” defined the care of Nubia and Victor.
In 2013, the agency conceded it was at fault and agreed to pay Victor $5 million to settle a lawsuit filed on Victor’s behalf. The department said it would pay $1.25 million to Victor immediately, money from a risk-management fund used to cover liability. But the agency can’t pay the rest without legislative approval of a “claim bill.”Under state sovereign immunity laws, the state is shielded from having to pay more than $200,000 when it injures someone, unless the Legislature agrees to lift the cap and authorize the payment. But because of a decision by Senate leadership, the Legislature won’t pay the Barahona bill and, potentially, a host of other claim bills even though the state is at fault.
Senate President Andy Gardiner, R-Orlando, “does not have a philosophical objection to claims bills,” said Katie Betta, Senate spokeswoman. But there is no money in the budget for claims against the state, she said.
In the Barahona case, Victor has “received $1.25 million in state funds, while [his] attorneys have also settled with other actors involved in the case for an undisclosed sum,” she said in a statement. “President Gardiner believes those funds should made available to the claimants by their attorneys, so they can be used for needed services while the remaining claim for $3.75 million moves through the legislative process.”
Despite the lack of money in the state budget, Victor’s claim bill, SB 48, sponsored by Sen. Anitere Flores, R-Miami, won unanimous approval in two Senate committees. But a companion measure, HB 3529, by Rep. Jose Felix Diaz, R-Miami, never got a hearing in the House.
Meanwhile, Victor, now 15 and living with relatives in Texas, continues to be haunted by the horrific trauma he endured and is in need of counseling and treatment, according to a report by a psychologist hired to diagnose his condition as part of the lawsuit.
Victor’s relatives often find him “gasping for air in the middle of the night,’’ according to a report written by Thomas Cibula, the Senate lawyer assigned to review the case.
He has “nightmares about bags being placed over his head. Unusual smells tend to trigger memories of abuse,” Cibula wrote. He might suddenly tell his aunt and uncle: “ ‘I can’t stay here, it reminds me of the chemicals in the truck,’ or ‘it reminds me of what [Nubia’s] body smelled like after she died.’’’
Cibula concluded “the department and others breached their duties” to Victor and his sister, Nubia. and the Senate should authorize DCF to pay Victor.
“No amount of money can compensate for the pain and suffering that survivor and victim endured,” he wrote. “However, the $5 million settlement by the department in this matter is not excessive compared to jury verdicts in similar cases.”
Senate Appropriations Committee chairman Tom Lee, R-Brandon, said Tuesday he believes the claim bill process is “miserably broken” and legislators don’t “know how to fix it.”
Lee said he would decide late Tuesday whether to add the Barahona bill and others to a final meeting of the Appropriations Committee — if it meets on Thursday.
Though he did not mention there is no money in the budget to pay for the Barahona case damages, he added that “it’s hard to break the seal on some of the claim bills and not do all of them.”
Part of the objection to claim bills is the fact that some cases advance because they have hired lawyers and lobbyists while other victims do not, leaving the perception that there is unequal handling of the cases.
According to the Senate report, Miami attorney Neal Roth, who filed the lawsuit, would be paid $1.25 million from the settlement. Diaz said that he understands why legislators like Lee oppose claim bills that allow lawyers and lobbyists to reap the proceeds of the case but, Diaz argues, there should be exceptions.
“I think there are times when the Legislature should make exceptions when the state really messed up,” he said. “I think the Department of Children and Families conceded they made mistakes and things should have been treated differently and if it were not for these mistakes, maybe Nubia would still be around today.”
House Speaker Steve Crisafulli told the Herald/Times he is not philosophically opposed to advancing claim bills but was not willing to push them in the House if they were never going to clear the Senate.
“I asked my staff to inquire with the Senate before session to see if the Senate had any philosophical opposition to claim bills against the state,’’ Crisafulli said. “We were informed the Senate would not pass anything other than claim bills against local governments that have already been settled. As a result, the House did not move any claim bills against the state this session.”
Flores, who blames the House for not advancing the bill, believes the Legislature’s approach is unfair to victims already abused once by the state.
“To me, this is not an issue we should be negotiating over,’’ she said. “This is a horrible situation where the state admitted its wrongdoing. Can we just do something to make the brother’s life whole again?”
She noted that the bill to allow DCF to pay Victor has moved it through two committees “we’ve had unanimous votes, even from people who normally vote against claim bills…because the facts are so moving.””
Florida agency agrees to pay victim of horrific child abuse case – but Legislature balks
[Miami Herald 3/1/16 by Mary Ellen Klas]
Update 6:“A Miami federal judge has held the Florida Department of Children and Families in contempt for breaching a gag order in the case of South Florida twins Victor and Nubia Barahona.
In a 25-page order issued Monday, U.S. District Judge Patricia Seitz ruled that the DCF revealed to state legislative staffers a guardian ad litem report with details of a $5 million state settlement for Victor and the estate of his murdered sister Nubia, in violation of a court order that sealed the settlement terms.
“DCF’s violation is a bell that cannot be unrung,” Seitz wrote in the order. “It is also yet another systemic failure by DCF at (a) survivor’s expense.”
The ruling came as Florida lawmakers bring the 2016 session to a close without approving the payout for the bulk of the settlement. The Barahona claim bill and others were held up in the statehouse as lawmakers questioned the percentage allocated to lawyer’s fees.
Victor and Nubia Barahona were 10 years old in February 2011 when they were discovered awash in chemicals in their adoptive father’s truck on the side of Interstate 95 in West Palm Beach. Nubia was dead, her body wrapped in plastic in the bed of the truck. Victor was barely conscious and convulsing in the front passenger seat.
The discovery led investigators to a horrifying account of the abuse and torture that the children endured during the six years they were fostered and then adopted by Carmen and Jorge Barahona. As part of the 2013 settlement, former DCF Secretary David Wilkins admitted the department’s systemic failures and inaction, despite numerous warnings and red flags raised by the twins’ teachers, counselors and advocates.
The contempt order gives DCF 60 days to retrieve copies of the sealed guardian ad litem’s report that were released to unauthorized state staffers working on the Barahonas’ claim bill. It indicates that the state may be assessed future penalties and financial liability, leaving open the amount to be determined.”
Federal judge holds DCF in contempt for breaching gag order in Barahona case [Local 10 3/8/16 by Glenna Milberg]
Update 7:“A Florida lawmaker is hoping a claims bill to further compensate a child abuse victim will pass the state legislature for 2017. This will be the fourth year the measure comes before lawmakers.
Victor Barahona already received $1.25 million for the abuse he suffered at the hands of his adoptive parents, under the state child welfare agency’s supervision. His twin sister, Nubia, didn’t survive. Now, through a claims bill, Sen. Anitere Flores (R-Miami) is seeking to get Victor $3.75 million—the rest of the agreed settlement with the Florida Department of Children and Families.
“It should be one of the poster childs of why we have claims cases,” Flores said. “There is a small opportunity or the state to try and help the life of this child, the brother who survived. I’m hopeful that we’re able to do that. And, so, I won’t stop fighting, until we do that. I do think that this year will be a little bit more open to claims bills.”
Since it’s her fourth consecutive year filing the bill, Flores is hopeful it’ll pass in 2017. And, she says it doesn’t hurt she’s now the Senate President’s Second-in-Command.
“I think that it helps…the facts of this case are just very compelling and they pull at the heartstrings of anybody that hears it,” Flores added.
Flores calls the claims bill “a top priority.” So far, there’s no House sponsor.”
Fourth Time Filing Bill, Senator Hopes Surviving Child Abuse Victim Will Get Money Owed[WLRN 12/19/16 by SASCHA CORDNER]
Update 8: “Florida lawmakers have approved a plan to pay $3.75 million to a boy involved in a case that rocked the state’s child-welfare system in 2011.
The money is part of a $5 million settlement in the death of 10-year-old Nubia Barahona and the injuries suffered by her twin brother, Victor.
Nubia Barahona’s decomposing body was found in February 2011 in the bed of her father’s pickup truck on I-95 in Palm Beach County. Her brother Victor, who was 10 years old at the time, was found convulsing in the truck, as both children had been doused with toxic chemicals, authorities said.
The Department of Children and Families was alleged to have failed to prevent abuse of the children and agreed to a settlement that called for paying $5 million. It paid $1.25 million but needed legislative approval of “claim” bill to pay the remaining $3.75 million. The Senate unanimously passed the bill Tuesday to pay Victory the rest of the settlement.
The child welfare agency has been criticized for allowing Jorge and Carmen Barahona to adopt the children despite signs of abuse.
Nubia and Victor were adopted by the Barahonas in 2009 after living in their home since 2004. The kids, authorities discovered, had endured starvation, beatings, medical neglect and they had been tied up and forced to stay in a bathtub.
The DCF came under fire during the course of the police investigation into Nubia’s death for failing to piece together warning signs from medical professionals and school officials that something was wrong in the Barahona home. The agency blamed it on a system wide failure, including poor judgment by child protective investigators, overwhelming caseloads and missed opportunities at every turn.
Nubia’s death prompted the creation of a task force to recommend reforms, such as hiring more child-abuse investigators and making changes to the state’s abuse and neglect hotline.
Jorge and Carmen Barahona are both charged with first-degree murder for the death of Nubia.”
http://miami.cbslocal.com/2017/04/18/florida-senate-victor-barahona-nubia-child-abuse/
[CBS Miami 4/17/17]
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