New documents reveal just how much abuse baby Jayden Sarria suffered for months, even days, before his death.
Attorney Jenna Finkelstein represents Viviano Pinto. He is the mother's boyfriend who pleaded guilty to child neglect in the death of baby Jayden and is now serving five years in prison.
But Finkelstein says there is no evidence her client ever harmed the child.
In fact, the day the baby died, she says Pinto woke up to the baby's mother, Anjennete Lopez, in a panic.
"She came into the room upset, nervous and kind of freaking out because of the state that Jayden was in and presented the child to Mr. Pinto, " Finkelstein said.
Documents show there are signs of neglect and abuse under the care of his mother. Months before baby Jayden died of severe head injuries, records show the baby had bruises on his face, and burn marks on his wrist and back.
Lopez said the baby had grabbed her curling iron.
But the burn marks to his back, DCF investigators wrote.. "have positive findings of child abuse."
Just last week, the state dropped all charges against Lopez, saying prosecutors couldn't prove who caused the baby's death.
Pinto's mother Crucita Pinto, who lives in Ohio, couldn't believe it.
She says after her son heard Lopez's charges were dropped, he regretted taking the plea deal.
"He would not have taken it. He would have let it gone to trial so everything would have come out," Pinto said.
Evidence a jury will never get to hear.
"I've never doubted the fact that he had nothing to do with any injury that caused this child's death. I believe Mr. Pinto is innocent," Finkelstein said.
FOX 13 / WTVT-TV
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