A local attorney claims the charges against a man and his girlfriend in the death of her child are unjustified.
Police stand by their conclusion that preliminary autopsy reports show three-year-old Miraculous Fuentes died of acute abuse.
But defense lawyer Jesse Quackenbush, who is representing the boy's mother's boyfriend, Alan Adame, says the child was born premature and had never been healthy.
He also claims although Child Protective Services had been to the child's home more than once over the years, they never found anything. He says, "there is a reason that the children were not taken out of the home by CPS in September, it's because there was no abuse. They had a chance to look at miraculous since he was born, they were in the house regularly. If that is not evidence of no abuse I don't know what is."
CPS told us when this homicide investigation started that they removed some children from the home several years ago but were taken back after the mother made changes.