NOEL QUEVEDO

Noel and his wife Cynthia, moved to Illinois from Mexico in 2000. They lived a typical suburban life in a Aurora, Illinois. They had a place to their family in Cynthia's brothers finished basement. Noel was working a full time job as a laborer for a masonry company, his wife stayed at home with 2 small children. They both spoke very little English. On March 1, 2004 ( the day of the incident) , Noel was 23 years old, his older son was 22 months and Alex, the baby was 8 months old.

On the night of the incident, Noel returned home from work and him and his wife and their both sons went to cousins home in North Aurora, which was about 10 min away. They all ate dinner, watched TV and both guys had couple of beers.

Quevedo family returned home after 9PM, because everybody was getting tired and Cynthia was supposed to have a follow up doctor's appointment for baby Alex. Back home, Noel suggested his wife to wash the baby bottles in the kitchen, on the ground floor, while he changed Alex's diaper in the basement. Alex began to cry when Cynthia walked upstairs, and he continued to cry after Noel changed his diaper. The older son Noel Jr. was also in the same room.

Noel rocked Alex in his arms to calm him down, and all of the sudden Alex stopped crying. He seemed that he could not breathe. His eyes rolled back to his head.

Noel called his wife. He placed the baby on the bed and used a piece of toilet paper to apply alcohol to Alex's nostrils and forehead. It is a common ingredient in home remedies in Mexico. I have to mention that very similar situation did happen in the past with Alex, and rubbing alcohol appeared to help. When Cynthia got downstairs, she picked up the baby and noticed his heart was not beating. Alex was unconscious. Cynthia panicked and screamed for help. Noel ran outside to start the car to go to the hospital.

While on the phone with 911, Noel's brother in law was instructed how to perform CPR, using tips of his fingers to push the baby's chest. They also checked if nothing was struck in his throat. Alex still remained unconscious. At some point he made a little noise like he was trying to breath. Paramedics and police arrived very quickly. Alex was transported by ambulance to the hospital in Aurora. Noel rode to the hospital in the police car, because only medics were allowed inside the ambulance due to the severity of the situation.

Two detectives/investigators responded to Mercy Hospital regarding this matter. Reporting officer advised them that the baby, had a very similar situation in the past in which he had stopped breathing in November of 2003 and that appeared to be the result of a severe infection. Also reporting officer advised that according to the attending physician Dr. Galle, there were no outward signs of abuse present. He also stated that this situation could be the result of the problems the infant was having with his kidneys. It was too early to tell.

At Mercy Hospital medical personnel told the police that Alex's condition was caused by shaking. Alex was placed on a respirator and was flown by helicopter to the pediatric intensive care unit to downtown Chicago, Lutheron General Hospital. Next morning at 8:15 am a test showed that no blood was reaching his brain. Alex was pronounced dead. Both Cynthia and Noel were taken to Police as suspects.

INTERVIEWS AND ARREST

Juvenile Investigators arrived to the Hospital and spoke with both, mother Cynthia and the father Noel. They agreed to voluntarily come with them to the Aurora Police Department to provide an official statement. Once they were at the Police station, Investigators called Dr. Feldman, who was resident physician on duty at Lutheran General Hospital, and asked her if she could provide information as to how long it would have taken this infant to go into cardiac arrest after having been shaken. She advised, that cardiac arrest would have occurred almost immediately following the time of the shaking. When baby arrived to the hospital, she stated that he has brain swelling and bi-lateral retinal hemorrhaging. She also stated that this type of injury can only be sustained as the result of the infant having been shaken.

Investigators also spoke with the attending nurse at the same hospital, Lori Albanese (info from the Aurora Police Department Supplementary report, made by investigator Nancy Rodarte). She told them that parents were confronted with the fact that this child was the victim of shaken baby syndrome and did not react in any particular way." They did not appear distressed at this news".

There was no info about the interpreter at that time. Neither Cynthia nor Noel spoke English and could understand what the shaken baby syndrome was, to react in any way.

After 911 call and officers arrival to the house (The day of the incident), Police reports from that day already stated home as a crime scene, baby as a victim and Cynthia – mother, Noel – father, both as suspects.

When Cynthia and Noel agreed to go to Police station for the statement, they both were transported separately and without discussing the case.

Cynthia was asked if her baby had similar situation in the past, and she told investigators that he did, but before everything turned out to be fine. Baby was taken to the hospital just to be sure and then they found the infection. Doctors also found that Alex had a fractured rib, witch Cynthia believes that it occurred from twisting himself when he fainted once or it could have been his older brother ( 18 months) playing or laying on him. Asked if there was any child abuse in the family, Cynthia stated she has never seen her husband abuse the kids.

During the interrogation, Cynthia repeated multiple times, that she does not know how it could have occurred. She was constantly advised and suggested by investigators that they see a pattern that baby is getting hurt only when he is with his dad. Cynthia had no explanation to that. Also she was asked multiple times if her pregnancy was planned, if they problems within their marriage. She kept repeating that they did not have problems.

During the detective's interrogations and interviews, none of the witnesses said anything bad about both parents that they could anyhow harm their kids. Baby's aunt, living in the same house, mentioned that the baby had all kinds of problems with his health, she also had witnessed Alex choking for no reason, she also remembered that Alex had similar some sort of convulsions prior, but then Alex responded to rubbing alcohol and everything was fine. Aunt also told detectives, that Alex has been having kidney problems since he was one month old and constantly running a fever. She remembers that Alex had urine infection due to kidney problems and the mother was told at the hospital, that if the infection gets worse it could go to his head. Aunt also told that Alex was always congested and had problems breathing even when sleeping, he would have his eyes partially open when he slept.

Asked if she is aware about any family problems, the aunt stated that she did not see a thing that young couple had any sort of marital problems. Mother of the baby was described as quiet and more reserved not showing too many emotions. Noel, the father, was described as more sociable person, louder but a nice guy.

There is also a supplementary report made by Aurora Police Department,that Investigator Trujillo who asked both Cynthia and Noel at separate occasions if they would comply with a polygraph examiner and both agreed to take a polygraph exam. Inv. Trujillo advised both mother and father, during separate occasions that he would be advising if Polygraph arrangements were be made.

No polygraph arrangement was ever made.

Police conducted three interrogations while Noel was in custody. All those times he was interrogated without counsel even after making a request for one. First interrogation began on March 2nd, 11:45 pm and lasted for one hour and fifteen minutes. Noel clearly told investigators that he is half asleep and asked if he can have a lawyer. Investigators told him he cannot have lawyer at the moment and if he want one, he most likely going to be charged for getting the State lawyer, who will make a decision how much it would be. They also told Noel, that if he refuses to talk to them, they won't get his side of the story. Noel agreed saying ok I will answer whatever you ask me. He had nothing to hide.

Detective Frausto started with telling him that he already spoke with his wife and doctors and have all the exact evidence about the abuse, so now he wants to hear the truth. After Noel told him what happened in his own words, Detectives told Noel that nurses at the hospital confirmed the baby had been shaken and they have no doubt about it. They also told him, there is evidence that the baby has been hit.

Noel told them nobody could hit the baby, because he was with him all the time, he even started defending other older son or baby's uncle living in the same house! Then Detectives suggested him how he could have hit the baby and about other previous doctor appointment that could have been related to the abuse. In fact they were not. The baby had multiple doctor's appointment related to his kidney infection.

During the first interrogation, after the midnight, Detective Frausto told Noel :"now, we have a baby that is dead, his brain is no longer working and he won't pass tomorrow, explain me , because you were the only person with a baby." While is shock, Noel kept telling that neither him, nor nobody at the house could have hit the baby. That was actually how Detective told a parent about his child condition.

Next question after telling the father that the baby is dead, was if Noel had problems with abuse and how many times he had hit his wife. Detective lied to Noel,that he already knows everything after speaking with his wife, and expects to hear his truth now. After Noel answered that he had never ever hit his wife, he was asked again and again about If he had problems with alcohol, anger or if he needs help with that. Then Detective Frausto went on and on how they can help him with his problems and anything he needs, because they don't believe Noel is type of person that can cause harm or hurt a child.

The following questions was the same "explain me how was your child shaken last night". Those questions made Noel really confused. He said "I just told you everything". He repeated the whole story again. After that Detective Frausto started switching his questions and saying that his wife is tired with two small children at home all day long and she could have possibly shook the child. All this time Noel was negatively shaking his head telling that his wife could never do anything like that.

Detectives went on and on about same things in long and confusing monologs, even though Noel was tired and half asleep. They did that after Noel just found out his son died and after repeating his story over and over again.

Noel was asked if he hit the baby to the ceiling while throwing and playing with him. Detective Trujillo without even waiting for any answers kept going how it is possible and made gestures of shaking , throwing baby . Then he asked Noel if they keep iron on the bed or bricks! All this time Noel just listens to the tirade and negatively shakes his head.

After some time, hearing the same story again, Detective tells Noel that it is hard to believe him and finally asked if he was wide awake. Noel answered he had sleepless night before and is very very tired. Then Trujillo starts going about how strong Noel is, working with cement and bricks. He stated that probably he grabs the baby same way as he grabs bricks at work. Detective had a long monologue about things that makes no sense at all.

Noel still had no answer to what happened to the baby. Then Detective Frausto goes back and this time tries to convince him that his wife shook the baby and Noel should tell the truth and not give her a chance. Detective even suggested Noel to tell that he was the one washing bottles upstairs when Cynthia shook the baby. Detective Frausto suggested "you tell that, and I take care of the rest and we are done".

Noel did not agree with it, he said his wife would never hit or do anything to the baby.

Detective Frausto then started another long tirade about anger, about his wife having no education, about them both having no luxury, pressure that he has at home as the only provider. He ended tirade with a statement that Noel's and his wife's don't match. It was a lie.

Again Detectives kept asking same things over and over. Noel was confused but he had the same answer. Reading the interrogation, the mental state of both detectives become very questionable.

One of the last things Detective Trujillo asked Noel during first interrogation: "Let's suppose that you hit the baby and lawyers should charge you. What do you believe they should do? How long you should go to jail for? What punishment do you believe is enough for you? Noel answers "well if I am anyhow to blame, then whatever they say." Then Detective Trujillo asks "what if they say, that it was your wife? What should happen to her? If she did a crime what should happen to her? If somebody goes to your house and steals your television, what should happen to him?" The conversation turned about stealing stereo, examples how people steal in order to get drugs and other non-related things. Noel sits speechless because there is nothing to add to it. Later on Detective remembers and goes back to the subject asking him if it somehow could be an accident hitting the baby by hugging him too strong. Tirade follows after how strong Noel is working with bricks and how children are lighter than adults and how some people cannot control their strength.

Most of Noel answers became short "yeah","maybe possible", "maybe accident". His story never changed and Detectives after getting permission to search home "look for the fruits of the crime", concluded first interrogation.

The second interrogation session began the next day, March 3rd, at 8:15 pm. Noel and his wife were taken to the hospital during the day to complete organ donation forms. During the second interview Noel already new that his wife is also in the custody. Detective Trujillo told Noel that his wife might be charged with murder if he did not confess. Noel also agreed that interrogation would again be recorded. Later was discovered, that Trujillo had activated videotaping for the wrong room. The tape showed only the empty room. Noel's story did not change.

Noel agreed to speak again since it was not recorded. During the third interrogation that began on March 3rd, 11:19 pm till 11:52pm, Noel took the responsibility. He confessed. He made gestures of shaking the baby (same exactly that Detectives had given him before together with plush teddy bear toy). When asked if he believes that his wife Cynthia should be charged for the crime, Noel said no. Detectives asked if Noel makes himself fully responsible, he told "yes, this is my fault that the baby died, If I had known that by grabbing him the baby was going to die, I would not touch him for nothing".

FOUR COUNT INDICMENT

On June 14, 2004, State filed a four count indictment. Count I alleged that the defendant shook Alex, knowing that such acts created a strong probability of death. Count II alleged that defendant shook Alex with intent to do great bodily harm. Count III alleged that defendant shook Alex, knowing that such acts would cause death. Count IV alleged that defendant shook Alex, knowing that such acts created a strong probability of great bodily harm. Following a bench trial, Noel was convicted of the first degree murder of his eight month son Alex. The trial court imposed a mandatory term of life imprisonment. The State's theory of the case was that the defendant shook Alex to death. Noel denied shaking.

According to Dr. Robert Shuman, the defense expert, Alex suffered a seizure resulting from brain damage from neonatal meningitis that had been diagnosed several months earlier.

Noel is in prison for 19 years already. He learned English and decided to fight for his innocence. He loved his both boys and could never do anything to hurt them. It is time for him to go home.

After so many years his wife moved on with her life and has another family, she does not keep in touch with Noel in prison, but to this day she does not believe that Noel could hurt the baby. She confessed to the investigator that she doesn't even know what exactly happened, quote " I just know what is in the police report".