Baby trial nears end

Jury deliberations will resume this morning in the capital murder trial of Manuel Velez.

Velez is accused of killing the infant son of his girlfriend, Acela Rosalba Moreno, in 2005 at the couple's Vermont Circle home.

Eight men and four women comprise the jury, which deliberated for approximately an hour late Wednesday afternoon before retiring for the day. The case is being tried before 404th State District Judge Abel Limas.

Authorities allege Velez caused the death of baby Angel Gabriel Moreno by striking him on the head Oct. 31, 2005, at the couple's home of Vermont Street.

Baby Angel was declared brain dead on Nov. 1, 2005, the day of his first birthday. The next day, he was taken off a ventilator and died.

Although Velez is charged with capital murder, the jury has the option of considering three other charges: injury to a child, manslaughter and negligent homicide.

During closing arguments, defense attorney Hector Villarreal said Acela Moreno killed baby Angel and that she should be the person on trial for capital murder.

Instead, Villarreal said Acela Moreno made a deal to plea guilty to a lesser charge of injury to a child to avoid the death penalty.

"They brought you no evidence that Manuel Velez did anything wrong," Villarreal said. "She (Acela Moreno) injured her own son or did she murder her own son?"

"He (Velez) didn't kill baby Angel. He is willing to risk the death penalty," Villarreal said. "He (Velez) took in her three children. He took in a woman (Moreno) who lived in four houses and now she's the one in the big house."

Villarreal also said that investigators tried to force Moreno into stating that Velez is the one who caused the injuries by shaking baby Angel.

Previous testimony in the trial revealed baby Angel suffered skull fractures about seven to two weeks before Oct. 31, 2005. He also had bruising and burn marks on his body as well as bite marks, according to witness testimony.

"This baby is branded like common cattle in a stockyard," state prosecutor Steve Eckert said during closing arguments. "He (Velez) refuses to take responsibility for his action."

Testimony also revealed that blunt trauma to the head on Oct. 31, 2005, lead to baby Angel's death.

State prosecutor Luis Saenz said Velez was the only one with baby Angel when the infant suffered his injuries. He said the only thing Acela Moreno is guilty of is not protecting baby Angel from Velez.

"Acela refused to act, but she didn't kill the baby," Saenz said during closing arguments.

"Thirteen days of hell he (baby Angel) lived in until finally God stepped in and took his child back," Saenz said.

The state alleged baby Angel received the injuries over a 13-day period in which Velez, Moreno and their children lived on their own at the house on Vermont Circle.

Testifying on Velez's behalf Wednesday morning, his former partner Maria Hernandez said Velez was not a violent person and never struck any of her or his children. The couple lived together for several years.

"He was not a violent man," Hernandez testified. "I don't believe these things about what they are saying."

Also testifying were three former inmates who at one time shared the same jail cell with Velez. The former inmates gave different testimony as to whether Velez was able to write and speak the English language.

One testified Velez was unable to read, write and speak in complete sentences in English, but two others said he did understand the language and testified they saw him reading two Rio Grande Valley newspapers.