THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, January 14, 1995 TAG: 9501140185
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MATTHEW BOWERS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 69 lines
Now that the parents of Christopher N. Herrera have been convicted of starving him, the year-old child should be removed from their care for his own safety, says the boy's guardian.
Paul H. Ray, a lawyer appointed by the court as Christopher's guardian after the emaciated boy was discovered in May, has filed a request in Circuit Court that Social Services be ordered to take Christopher away from Martin Herrera Jr., 21, and Karen E. Herrera, 20.
``We've had a jury from the community determine that they starved their child,'' Ray said Friday. ``And because of that, I don't think they're the appropriate caregivers.''
A hearing on Ray's request, filed Thursday, has been set for Jan. 20.
Christopher was 5 months old when horrified bystanders in a store noticed his wasted condition. He was hospitalized, then placed in foster care. He was returned to his parents in October - three months before their trial - on the recommendation of Social Services, and after the Herreras completed a parenting class and began receiving in-home help.
Ray, the guardian, and prosecutors protested the switch, and the foster parents quit the city program in disgust.
Social Services still has legal custody of Christopher and monitors his well-being.
Social Services will object to removing the boy from his parents again before their sentencing, said Assistant City Attorney Nianza E. Wallace.
``The department obviously does not agree with Mr. Ray,'' Wallace said. ``The Department of Social Services has its administrative findings long before the court has made its findings,'' dealing with largely the same issues.
Wallace added that if the convictions ``bring additional stresses on the family,'' Social Services would address them.
Christopher's parents were convicted Jan. 5 of felony child neglect, and the jury recommended sentences of 106 days in jail and $106 fines - a day and a dollar for every day it found that Christopher was starved in their care.
Karen Herrera testified that she tried to feed her then-infant son but that he wouldn't eat much.
Judge Kenneth M. Whitehurst said the Herreras could retain physical custody of Christopher at least until they were formally sentenced Feb. 21. They also have 3-year-old and month-old daughters at home, but Social Services isn't responsible for them.
Ray declined to comment on Social Services' handling of the case, saying only that he'll leave it to a judge to decide what's best for Christopher.
Ray last saw the boy just after Christmas for about 30 minutes at the Social Services building. He declined to comment on the child's appearance or apparent well-being. The Herreras wouldn't allow him to see Christopher in their apartment, Ray said.
On their lawyers' advice, the Herreras have declined interview requests. K Keith Thurman, their attorney for matters concerning Christopher's custody, said they'll oppose attempts to take Christopher away from them.
``Certainly we'll object to it,'' Thurman said. ``A child belongs with its parents.
``If they took away children from every home with a convicted felon, you wouldn't have enough places in Virginia to keep them.'' ILLUSTRATION: Photos
Martin Herrera Jr., 21, and Karen E. Herrera, 20, were convicted of
felony child neglect for starving their son.
KEYWORDS: CHILD ABUSE by CNB