Mother of baby killed in Fortaleza is indicted after reversal

Roberto Levy Oliveira Magalhães, 26, was also charged with manslaughter. He is the cousin of Francisco Ray, 22, with whom Ysabelle had a casual relationship. Francisco was arrested after the girl's death, but was not held criminally responsible in the investigation.

According to the Civil Police, the conclusion of the investigation took into account the investigations carried out and the report prepared by the Forensic Expertise of the State of Ceará. The case will now be analyzed by the Public Prosecutor's Office.

Helena died on July 13, after being taken by her mother to a hospital in the capital of Ceará. Ysabelle told the police that she noticed that her daughter was feeling unwell during a party held in an apartment in the Dionísio Torres neighborhood.

In testimony, the woman stated that she had met Francisco Ray a few days earlier. On the date of death, she would have initially participated in a birthday party held by the boy's family and, later, went to the apartment.

The mother reported that she slept with her daughter in a hammock, but decided to put her in a room because the baby was coughing because of the air conditioning. According to her version, there was an argument with Roberto Levy and, after that, she lost consciousness.

Upon awakening, Ysabelle would have noticed that Helena was in another position and seen Roberto on top of the child. She stated that she pushed him and ran to ask for help, as she believed her daughter was choking.

Lawyer Weryd Simões, responsible for Ysabelle's defense, classified the indictment as a “serious mistake in the conduct of this police investigation”. According to him, the investigation resulted in the arrest and exposure of innocent people before the facts were clarified.

“This is the same investigation that, before clarifying the facts, led to the arrest of innocent people, ruined reputations, subjected citizens to public exposure and put lives at risk, circumstances that will be demonstrated in the case in due course,” he declared.

The defender emphasized that the indictment does not represent a conviction and said he trusts a technical and independent analysis by the Public Ministry and the Judiciary.

"By attributing criminal responsibility to the baby's mother for the death of her own daughter, an attempt is made to impose even greater suffering on her. The most severe of penalties has already been imposed on her by her own life: the irreparable loss of her daughter, who was only 10 months old", he stated.

Francisco Ray's defense celebrated the fact that he was not indicted. Lawyer Gleicy stated that the client has always maintained that he did not participate in any action related to the child's death.

“He was not indicted for any crime that culminated in the death of the child Helena, as this defense has always maintained from the beginning,” he said.

According to the lawyer, Francisco collaborated with the authorities and remained available throughout the investigation. The defense is considering adopting legal measures due to the arrest, public exposure and undue attribution of criminal responsibility to the young man.

Roberto Levy Oliveira Magalhães' defense team could not be reached to comment on the indictment.

Court orders arrest of suspects for rape and death of baby

The child's mother's boyfriend and his cousin had preventive detention ordered by the Ceará Court. The Civil Police awaits expert reports to clarify the dynamics of the crime and the participation of each person under investigation.