Colorado

Jul 1, 2010 7:36 PM by James Jarman, Stefanie Boe

NEW INFORMATION: No charges in baby death

Police now say they don't plan to file charges against the parents of a 5 month old girl who died in Fremont County.

Officers also say they were incorrect in a news release that stated the baby had unknown injuries when she showed up at a local hospital.

An autopsy shows an underlying medical condition dealing with the baby's inability to process protein may have caused her death,  There were no signs of any injuries,

The parents won't talk on camera, but  told NF5 Reporter James Jarman they never hurt any of their 4 children.

The 3 other young children were taken from the family and placed into the care of social services at a court hearing on Wednesday.

Family friend Mike McGuire was with them in court and says this whole ordeal is a grave injustice.

"They were so upset... I went to court with them and the courts didn't let them have the kids back and I mean they were devastated," he told NF5, "It was devastating, they started crying, it's all wrong."

The court hearing happened before the release of the autopsy results.  Canon City Police Captain Allen Cooper says based on the new information he believes the parents will get their kids back.

He also says there were many factors that led police to move forward with the investigation the way they did. "The initial conversations that I had with officers on the scene was they were having some concerns about inconsistencies in statements and the overall condition of the residence," he said.
    
In court, investigators say the father said he was drinking alcohol and the mother was smoking marijuana the night before the baby died.

Whether any of that plays a role in how social services handles the situation remains unclear.  Social services won't comment on the case. 

A court hearing regarding child custody matters is set for next Tuesday.

----------PREVIOUS STORY-----------

Reporter James Jarman just called the newsroom from Canon City to let us know there will be no charges against the parents of a Florence baby that died Wednesday.

The Fremont County Coronor says the 5 month old baby had an underlying health condition.

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