EL PASO -- Homicide victim Danielle James Ramos was born prematurely with cocaine in her system, jurors learned Friday.

Prosecutors allege that Danielle's father, David Ramos, killed her on March 15, 2006, when she was 8 months old. They say Ramos, 27, shook and beat Danielle.

He is on trial for capital murder, but his lawyer has suggested that Ramos' stepdaughter, now 7 years old, picked up the baby and dropped her.

Danielle's mother, Alicia Silva, said the cocaine was in Danielle's system because Silva was abusing the drug. After Danielle's birth, Child Protective Services ordered Silva into a treatment program for drug abusers.

Silva said Danielle was released to her care from the hospital after about three weeks. Hospital documents show that Danielle was supposed to have been released to Silva's aunt.

On the afternoon of Danielle's death, Ramos picked Silva up from her job at a day-care center. Silva said she noticed Danielle was sleeping.

Silva said that after the family arrived at their home, she tried to feed Danielle and noticed that, though the baby drank some of her formula, she remained sleepy. At 8:30 that night, Silva said, she discovered that Danielle was not breathing and tried administering CPR. She then called 911.

Assistant District Attorney Penny Hamilton pointed out inconsistencies in Silva's story. In her earlier testimony before a grand jury, Silva said, it was Ramos who had discovered that something was wrong with Danielle.

Ramos' story also changed. He initially told police that his stepdaughter might have picked up Danielle and dropped her. In a second statement to police after his arrest, he said he became frustrated with Danielle because she would not stop crying. He said he might have placed her too roughly in her bassinet.

Dr. Harry Wilson, a pediatric pathologist at Providence Memorial Hospital, testified that after reviewing Danielle's autopsy photos and report, he concluded her injuries were consistent with Ramos' second account.

Wilson said he agreed with the county's medical examiner that Danielle's cause of death was brain hemorrhaging, and added that Danielle was comatose in the hours before her death.

"This baby took a long time to die," Wilson said.

Testimony in Ramos' trial is to resume at 9 a.m. Monday before District Judge Mary Anne Bramblett.

Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117.

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Emphasis added by H4K Editor