Defense expert: Choking led to boy's death

EPHRATA — Choking caused Rafael "Raffy" Gomez's death, not blunt-force trauma to the head, according to a medical expert called to the witness stand by Maribel Gomez's lawyer Monday.

Dr. Janice Ophoven, a pediatric forensic pathologist from Minnesota, reached a different conclusion on 2-year-old Raffy's death than a deputy Spokane County Medical Examiner who conducted the boy's autopsy.

Raffy's mother, the 32-year-old Gomez of Ephrata, is on trial in Grant County Superior Court, charged with homicide by abuse and first-degree manslaughter in connection with Raffy's September 2003 death.

Dr. Marco Ross, who conducted Raffy's autopsy, testified last month that Raffy died as a result of blunt-force trauma to the head. The head injury caused his brain to swell, shutting down his heart and lung functions.

Ross told Grant County Superior Court Judge John Antosz, who's hearing the non-jury trial, the head injuries Raffy suffered could not be the result of an accident. He said they also could not be self-inflicted.

Ross said the numerous injuries Raffy suffered, including four skull fractures and two broken legs, added up to a pattern of abuse. He ruled the death homicide.

Ophoven said food and vomit were found in Raffy's lungs, suggesting he died after breathing in gastric contents.

The cause of Raffy's death was irreversible brain damage brought on from lack of oxygen, after he breathed in the food or vomit.

She said the manner of death is undetermined, not necessarily homicide.

Choking is one of the most common types of accidental death in children, Ophoven said, because of their small airways.

"Just one breath of food could do it," the doctor said.

Skull fractures found during the autopsy were not "fresh," Ophoven said, but were older and in the process of healing.

The age of a skull fracture cannot be determined by looking at it with the naked eye, she said, but must be viewed using a microscope.

Ophoven agreed with other doctors who testified in the case that Raffy was chronically abused.

Grant County Prosecutor John Knodell, during cross-examination, questioned her about three interviews she had with prosecutors. Knodell sought to show she made prior inconsistent statements relating to Raffy's injuries and death.

Before her testimony, Knodell made a motion to exclude her as a witness, or delay her testimony.

Antosz denied Knodell's motion.

Moses Lake defense lawyer Bobby Moser told Antosz he may finish calling witnesses today. Moser said he expected to call Gomez back to the witness stand.

Gomez, an illegal immigrant from Mexico who has five other children in foster care, faces up to 26 years in prison if found guilty of homicide by abuse. The manslaughter charge carries an eight-year sentence.