Cesar Battiato sad

Baby Cesar in foster care. “Such an innocent child being exposed to injustice and neglect. Every picture tells a story. Every picture of him from when he was born till now shows a big warm smile. Babies may not be able to talk, but my son has been always happy. I can’t wait to get my baby boy back and turn this situation around and help others. Mommy and Daddy loves you!” Source: #ReuniteandFight4Cesar Facebook page

By Health Impact News/MedicalKidnap.com Staff

Pennsylvania baby Cesar Battiato is still in foster care, even though medical experts report that his injuries are the result of infantile rickets, not child abuse. His mother Jessica was recently diagnosed with Ehlers-Danlos syndrome, a rare inherited connective tissue disorder, one which is likely to be passed on to her child.

The Battiato’s went to court on their case July 29, hoping that this evidence would result in a verdict that would bring their baby home. Instead, there is another hearing scheduled for October 22.

See original story:

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Matt Kopecki is now the lead lawyer on this case. At the hearing on July 29, Attorney Kopecki requested that the court allow arrangements for baby Cesar to see Dr. Michael Holick in his office in Boston. Dr. Holick is the leading expert on Vitamin D. The world-renowned endocrinologist and author is the same specialist who recently diagnosed Jessica with Ehlers-Danlos Syndrome.


Source: Battiato family

CPS countered and stated their Hershey Doctor Crowell had suggested a second opinion from another child abuse expert at Children’s Hospital of Pennsylvania (CHOP). Crowell previously diagnosed Cesar’s injuries as child abuse, rejecting any possibility of another medical reason for his injuries. She is a child abuse specialist, a recently certified field of pediatric medicine. These specialists are trained to see child abuse, and there are many reports of specialists in this field overlooking medical explanations for conditions in the patients they see.

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Attorney Kopecki countered, stating that this is a narrow field with very few true experts. Judge Ullman suggested that there be communication between CHOP, Hershey and the family’s experts performing tests locally and sending reports. However, Judge Ullman did tell Matt a trip to Boston is not out of the question, but she would like to see “significant reason” for the trip.

CPS Not Living Up to its Mission Statement, Calls Expert a “Quack”

Jessica Battiato takes issue with the mission statement of the local CPS, stating that the statement “promotes false hope” for baby Cesar. Their website states:

“The Mission of the Berks County Children and Youth Services is to protect children and assure their physical & emotional well-being as provided by law, and to preserve, strengthen & empower their families.”

According to Ms. Battiato:

Berks County Children and Youth Services fails to assure baby Cesar’s physical and emotional well-being. Instead, BCCYS and Hershey started name calling our expert, Dr. Holick, a “Quack.”

They’re not focused on my son’s physical and emotional well-being; instead, they are attacking our experts. It seems my son’s medical condition has become a joke to BCCYS team and Hershey Medical Center. They are more focused on covering themselves, than concluding with the correct diagnosis of Cesar. It seems they are ready for war and it has become a battle of the experts. But, when it comes to a mother’s love for her child, it is one of the most powerful feelings that has given me strength to be fearless for my son. I am ready, I am prepared, and I am his advocate.

Recent X-Ray of “Fracture” Actually an Error

While Cesar has been in foster care, he had some further x-rays taken. One of them showed another fracture. However, upon further examination, there was no fracture at all. Instead, it was an “artifact” on the x-ray. An artifact is a shadow or mark which shows up on the image, and may resemble a fracture. It may be due to a hardware failure, software issue, or dust or even static electricity on the film.

Human error can also account for artifacts.

Mother’s Brilliant Response to Polygraph Request

From the beginning, Detective Ivan Martinez has asked Jessica if she would be willing to take a polygraph. Jessica says that she has never had anything to hide and has always told him, “Yes.” Recently, Jessica received a phone call from Detective Martinez requesting a polygraph. She was able to document the conversation, in which she would agree to the polygraph if it would help her get her son back.

Jessica kissing Cesar

Jessica with her baby Cesar. Source: Battiato family

Jessica: “If I pass this polygraph, I will have my son returned home to me.”

Detective Martinez: “I cannot promise you that. I would be lying to you if that would be the case. Cesar being taken away from you that has to do with CYS (Children and Youth Services). That has nothing to do with the criminal investigation. They round together, but essentially they make those determination. You understand that right?”

Jessica: “I do, but at the same time, I don’t, because if you are doing the investigation, CYS should be notified of the truth.

Detective Martinez: “That’s a tough question to be asked. I can’t promise you that.”

Jessica: “If I can’t be promised for my son to return home, then I’m not willing to do one. If I am promised my son will be returned, and it’s written in documentation he will be returned home, then Yes. But if not, No! There’s no promises for me then. If I pass this test, then what is going to happen? Nothing, nothing is going to happen.

Detective Martinez: “Well, this is a process of elimination.

Jessica: “It’s not even admissible in court.”

Because there is no benefit in this mother taking a test demonstrating her innocence, she is refusing to take the polygraph test. She has been advised that such tests can be manipulated and used against innocent parties by unscrupulous authorities. Without assurance that the information will help her get her son back, it appears that innocent parents are wise to refuse such testing by the state.

State Referral to CHOPS a Cover-Up?

Jessica believes that the requests by the state to send her son to Children’s Hospital of Philadelphia are an effort to cover up the failures of Dr. Crowell, the Hershey child abuse doctor who diagnosed child abuse without looking deeper to find the medical causes of baby Cesar’s condition. The experts that Jessica Battiato have found believe that there is ample evidence that Crowell and CPS are missing valid medical reasons for his condition.

“This is my son. Stop worrying about covering your behinds. Give me my son back.”

Cesar FB page

The next court hearing is scheduled for October 22. Jessica hopes by then to have taken Casar to expert specialist Dr. Michael Holick for evaluation. Expert Dr. David Ayoub has already stated that he is willing to testify that Cesar’s injuries are the result of infantile rickets, not child abuse. Jessica Battiato is praying that the court will decide to look at the evidence that is available, and return her baby to her.

Supporters are asked to contact the governor of Pennsylvania, Tom Wolf, and ask that Baby Cesar be returned to his family. He may be reached at 717-787-2500, or contacted here. He is also on Facebook and Twitter.

The Battiatos are represented by Rep. Mark Gillen, who may be reached at (610) 775-5130, contacted here, or reached via Facebook.

Senator Judith Schwank is the senator for the Battiatos’ district. She may be reached at (717) 787-8925, contacted here, or reached via Facebook or Twitter.