A toddler's death ends in charges of medical neglect


Melissa Alexander and Sergio Fernandes shared one child together, 18 month old Miguel Fernandes. Melissa also has a 29 month old little boy named Shawn from a previous relationship and they lived in Toronto, British Columbia. Melissa worked at a Community Centre and was experienced in first aide and Sergio was a bricklayer.


On September 12, 2007 Melissa called 911 at 2:25AM. When paramedics showed up to the scene they found baby Miguel in serious danger and were horror-struck by what they saw.


According to Melissa he pulled hot water from the table down onto him that she prepared at 4PM the day before. She did not bother to seek medical attention for her son when the "accident" occurred until more than 10 hours later. Instead she put cream and gauze on him.


His skin was missing from the back of his shoulders down to his feet, on the front side he was burnt from his hips down to the soles of his feet. The skin on his tiny body had been peeled off with scalding hot water. The only place on this poor baby's body that had not blistered away was his face, chest, arms, and the tops of his knees, his genitals and his toes.


He was immediately taken to the burn unit at the Hospital for Sick Children, where he later died of his injuries. Miguel may have lived but Melissa made sure that was not the case by not seeking help immediately.


Neighbors told news reporters that they heard blood-curdling screams from a child for hours.


WHY did they not report this to the police? That question was never posed I'm assuming because I never saw an answer.


Melissa's charges were upgraded from aggravated assault to second-degree murder on September 18, 2007 after the autopsy results came back and showed that Miguel died from complications due to submersion-type burns. Shawn was placed into children's services.


A family friend who requested to remain anonymous said that baby Miguel's burns were all just one big accident. The "friend" said Melissa boiled water to soak her hair before braiding it and accidentally dropped the scalding water on the child.


Toronto Police Det. Sgt. Dan Sheppard told reporters "It is tragic, and the horror that this young boy went through being scalded like that," and "The pain and suffering that he went through is a terrible thing and as a police officer, somebody has to talk for him now."


On October 5, 2007 Melissa was able to bail out of jail, her bond was set at 5,000.00. The condition of her bail was that she remains with her grandmother and father or they would be responsible for the full 5, 000.00 said Superior Court Justice Brian Trafford. Other conditions were to not drink or do drugs, do her studies or get a job. She also has supervised visits with her only living child. She's not permitted to be around any children under the age of 12 unless she's with her father or grandmother. She also can't have any contact with Miguel's father Sergio except in family court.


When Maria Fernandes found out Melissa was out she was angry and said she was shocked, she should not be able to walk free while her grandson is dead. She also told reporters "I wanted to see justice done. Unfortunately this is Canada."


On November 25, 2010 Melissa Alexander's charges were reduced to manslaughter and she is ONLY accused of medical neglect. Melissa failed to provide "the necessities of life," NO ONE is being charged with actually scalding little Miguel or for his murder.


The trial began on January 17, 2011, there is no jury and Ontario Superior Court Justice Anne Molloy will be the only deciding factor in Melissa's fate.


Melissa shows up to court alone with no support from family or friends. If there is anyone on her side they have not been noticed by the press.


Crown prosecutor Barry Stagg opened by saying Miguel had burns on 40% of his tiny body; his flesh was raw and peeled off.


Dr. Howard Clarke, a burn expert said Miguel was most likely put into a bathtub of extremely hot water for several seconds.


Investigators testified that they found Miguel's skin in the kitchen and bathroom trash can.


Surveillance video showed Melissa Alexander happily shopping at 4:53 at Canadian Tire and a receipt shows she bought a CD at 5:34 from HMV and groceries at No Frills at 6:02 p.m. She left both boys home alone while out enjoying the day without a care in the world.


Sergio Fernandes, Miguel's father testified that Melissa called him while he was on his way home from work and stated "she had a pot of boiling water on the top of the table so she could crimp her hair, or something to do with cosmetics, and that he had pulled the pot down and he had burned himself on the legs," he said.


She told her boyfriend it was not serious and she took the baby to the clinic and "She said it was minor and that Polysporin would work. The way she talked to me it never occurred to me it would be as serious as it was," Fernandes told prosecutor Barry Stagg.


Sergio said when he got home at 7PM he looked in on Miguel and tried to give him his bottle but the baby didn't want it. He said "He was very still. He was quiet. He didn't make a sound. He never even moved," he said.


Miguel was actually in shock by this time.


As Sergio began to unzip his pajamas Melissa deterred him "I stopped half way because she said to not pester him right now because if he started moving he would start crying again."


He checked on his son several more times before 10:30PM and the last time he checked he was finally asleep, he thought, so he kissed him goodnight.


Sergio woke up the next morning with cops and paramedics in his living room trying to save baby Miguel. Sergio said he stood there stunned, not knowing what was going on at first sight.


Forensic Pathologist, Dr. David Chiasson testified that Miguel was placed "back side down" in boiling liquid causing him 3rd degree burns on 40% of his body. He said that Miguel's body would have went into shock, his tiny body would have swollen up, his blood pressure couldn't have be maintained and that would cause his heart to beat very quickly. Because Miguel did not get appropriate, urgent medical treatment he went into cardiopulmonary arrest.


Dr. Chiasson also testified that Miguel's burns weren't his only injuries. During the toddler's autopsy he found internal bleeding deep in the tissue and muscle of the toddler's behind. "Most likely from blunt force impact being applied to that part of the body,"


Of course Melissa's lawyer tried to explain that away by saying maybe he fell down. YES, that's it! It's common for toddlers to bleed internally when they fall down on their butt's with a DIAPER on, MORON!


Defense lawyer Catherine Currie said that the trial was not about how Miguel was burnt but rather how long Melissa waited to get medical attention for him. She told the court the burns are what killed the boy, not Melissa and not the delay in medical attention. Currie said obviously Vaseline and Polysporin was not adequate treatment but hindsight is 20/20.


Currie drove a few more nails in Miguel's coffin by telling Justice Anne Molloy, "To take my client and ignore the real circumstances that she was in is to deny the situation of many parents who are looking after their children, to look at her and say 'You did the wrong thing, you should have phoned 911, that's it, end of story.' " as well as "What I'm suggesting to you is that the minimum standard of care in this case, because the child died, obviously was woefully inadequate, but it was care," she told Judge Molloy. The ointment, the cursory first-aid Ms. Alexander gave the little boy, Ms. Currie said, ought to count for something. "My client did not provide no care for her child."


Justice Anne Molloy responded by saying "Let's just get the elephant out, shall we? She said the child poured water all over himself… That is not what happened, That's not physically possible and that's as plain as the nose on your face when you look at all of the pictures of that little boy. So, to stand there and say to me she hid nothing is really stretching."


Miguel's father Sergio now lives in Portugal, he questions himself everyday about not checking on Miguel himself that night. Taking Melissa's word and believing that his son's injuries were not bad is something he will have to live with for the rest of his life.


Melissa lies and tells everyone that this precious little boy caused his own catastrophic burns to himself. Testimonies from expert witnesses tell a different story yet it makes no difference because his life means nothing and she won't be punished for murdering this angel.


Legally, NO ONE cares that baby Miguel suffered the most indescribable pain imaginable for hours upon hours until he slowly died.  It was obvious in the eyes of the Crown and even in his own mother's eyes, Miguel was expendable.


Justice Molloy will announce the outcome of this trial on February 14, whatever it is, it will never be good enough for what she has done.


 


 



Unforgotten Angels started out as Facebook group that I founded to raise awareness of child abuse/child sexual after learning about a case of little girl named Audrina Claire Hepburn. Audrina was beat to death by someone in her home. I was so disturbed after learning about all of the details that I knew I could no longer close my eyes and look the other way. As a writer I know this is my calling...


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