
Aurora
Beacon News
Saturday, April 25, 2009
By, Matt Hanley
More than
12 years after he was charged with his infant daughter's death, prosecutors
dropped murder charges against an Aurora man Friday.
Bernardo
Beltran, 44, was charged with murder and involuntary manslaughter in 1996 for
allegedly shaking his 5-month-old daughter, Yasmine, to death.
But
Beltran went missing shortly after he talked to police at the hospital on the
night the baby died. He was not noticed by authorities again until November
2008, when Beltran was arrested while walking to a bar near the U.S.-Mexico
border in Texas.
On Friday,
prosecutors were forced to drop the charges because they could not provide
evidence that anyone ever had made an effort to notify Beltran that he had been
charged with the baby's murder. An arrest warrant said Beltran should be taken
into custody "without unnecessary delay," but 12 years passed.
Prosecutors believe that Beltran was in Mexico during all or part of that time.
Defense
attorney Kathleen Colton argued that because there are no records that police
made an effort to serve the warrant either in the U.S. or Mexico, they violated
Beltran's rights to a speedy trial. If Beltran was not aware he had been
charged with murder, and no effort was made to arrest him, he would not have
been avoiding prosecution, Colton argued.
Kane
County State's Attorney John Barsanti said there are no records showing that
police tried to serve the warrant. He contacted officers who worked on the case
and none of them could remember attempting to serve a warrant.
"I
cannot prove that anybody went and looked for this guy," Barsanti said.
Barsanti
now has 160 days from the time Beltran was taken into custody to prove that
Beltran fled to avoid prosecution or there were efforts to make him aware of
the charges. Barsanti said anyone with information can call his office at
630-232-3500.
Detectives
originally questioned Beltran in 1996 after he took the baby to Provena Mercy
Medical Center in Aurora for treatment.
Beltran
claimed he was watching the child alone and was in another room when Yasmine
fell, police said. An autopsy, however, indicated Yasmine died as a result of
shaken-baby syndrome, police said.
Beltran
was scheduled to be released from the Kane County jail Friday.