Autopsy: Durham baby was scheduled to be removed from home day after she was murdered
An autopsy report shows that a Durham baby was scheduled to be removed from her home – one day after she was murdered.
The State Medical Examiner's autopsy report for a six-month-old Durham girl found dead in February shows the Department of Social Services was just one day too late to save the baby's life.
The autopsy states Ana Galan-Rodriguez was scheduled to be moved to a foster family; yet, it says she was killed the night before that was set to happen. The baby's father, James Galan Cruz, is charged with murder.
Cruz, 17 at the time of the offense, had a court date in Durham Thursday, for which his attorney appeared and provided the court a brief status update.
"We just got the autopsy report last week," Daniel Meier said. "That's probably going to lead us to need an expert."
Meier told the judge he may be requesting a bond hearing soon for his client. That is often done when attorneys are seeking a bond reduction in order to get their clients out of jail while awaiting resolution in the case.
WRAL was the first to report Rodriguez's death, for which police had not issued a news release.
WRAL previously reported multiple family members were charged with child abuse, for leaving Cruz unsupervised with the baby. That was prohibited due to a previous allegation that he abused her. The medical examiner's report provides further details of the October 2022 incident, saying that Rodriguez was hospitalized with injuries to both eyes, her liver, "multiple rib fractures of varying ages," and seizures. Upon her release from medical care later that month, "she was placed in the care of her aunt" and was scheduled to "be moved to state foster care and out of the care of her aunt on 2/25/2023."
The autopsy says Rodriguez died from "acute and chronic blunt force injuries." The medical examiner noted broken bones in her spine, internal bleeding and a bite mark on her abdomen.
WRAL Investigates asked the State Department of Health and Human Services, which oversees local Departments of Social Services, what factors go into the determination of a timeline for removing a child from a relative's home. A spokesperson said the agency cannot comment on specific cases, but that, generally, it is the local DSS agency that is responsible for developing the timeline and seeking necessary court approvals.
The spokesperson added: "More foster homes are needed in the state to care for children, especially homes able to care and provide for children with complex needs."
Another status update on the case is scheduled for April.
