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MAY 30, 2001

The Supreme Court on Tuesday declined to hear an appeal of an Acoma Pueblo man convicted of murdering his girlfriend's 16-month-old son.

The decision lets stand David Edward Chino's conviction on assault and second-degree murder charges in the death of Zachary Vallo, killed in July 1998. The 10th Circuit Court of Appeals in January upheld Chino's concurrent sentence of 12 months with one year of supervised release on the assault counts and 210 months on the second-degree murder count with three years of supervised release.

Claudine Ann Vallo, Chino's girlfriend and mother of Zachary, was sentenced to 240 months  with three years of supervised release. She did not join Chino's appeal to the Supreme Court. Chino was not Zachary's natural father.

The couple resided on Acoma Pueblo in New Mexico at the time of Zachary's death. On July 25, 1998, Chino's mother brought Zachary to the Acoma-Laguna-Canoncito Clinic where a doctor observed he wasn't breathing. He also appeared to be having a seizure, said the doctor.

Zachary was immediately flown to a hospital in nearby Albuquerque. Doctors there found that Zachary had subdural hematomas, or internal bleeding, on the sides and the back of his brain.

In court documents and testimony, the doctors said these injuries were consistent with child abuse. Zachary's condition deteriorated and he died on July 28.

An autopsy confirmed brain hemorrhaging as well as bleeding around Zachary's eyes, consistent with having been shaken. He also had evidence of a prior brain injury and had a total of 41 bruises over his body.

Chino, then 20, and Vallo, then 25, did not go to the clinic with Zachary. Chino's younger brother, home at the time in question, called their mother, who took the the baby to clinic.

The couple also did not immediately go to the Albuquerque hospital and when officers showed up, both fled on foot, according to a complaint filed at the time.

Vallo's children were among those called to testify on abuse at the couple's home. Irene Thompson, then 6, testified that she saw Chino shake her brother and drop him into a crib. Joseph Thompson, then 9, said Chino once put a bag over Zachary's head when he wouldn't stop crying.

In an interview with authorities, Chino admitted having problems controlling his temper around Zachary. He also said he dropped him on an occasion prior to his death.

On the day in question, Vallo had pushed Zachary out of his high chair for not drinking his milk. When Chino came home from work, he shook Zachary but observed no response.

Vallo said she didn't seek medical attention for fear of being accused of child abuse. An FBI agent said the night Zachary was taken to Albuquerque, the couple went out drinking.

Shaken baby syndrome is one of the most underreported forms of child abuse. Unless accompanied by evidence of more serious abuse, it is often hard to detect.

Several high profile cases in recent years have brought attention to the problem.

Get the Case:
US v. Vallo Nos. 99-2328, 00-2078 (10th Circuit January 23, 2001)

Relevant Links:
The Supreme Court - http://www.supremecourtus.gov

Related Stories:
A Simple Video Finds Success Against Shaken Baby Abuse (The New York Times 5/29)
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