An update from earlier this year on an older case.
A parental rights trial Tuesday for two sisters of Frankie Gonzalez, the toddler found battered and dead in June 2020 and whose parents were arrested in his death, has shifted
wacotrib.com
Baby Frankie's parents surrender parental rights to his siblings, avoid termination trial
A parental rights trial Tuesday for two sisters of Frankie Gonzalez, the toddler found battered and dead in June 2020 and whose parents were arrested in his death, has shifted focus after Frankie’s parents relinquished their rights to his siblings.
Child Protective Services officials still are seeking to terminate the parental rights of a man identified through a paternity test as the biological father of one the sisters.
The children’s mother, Laura Villalon, is under capital murder indictment, charged with fabricating a story about her missing toddler, Frankie, before leading police to his body in a trash bin in June 2020. Villalon, who previously lost custody of six older children because of neglect and prolonged drug abuse, signed termination papers Wednesday relinquishing custody of Frankie’s two sisters, who have been in CPS foster care since her arrest.
Lorenzo Gonzalez, Frankie’s father who is under indictment on injury to a child by omission and abandoning a child charges in Frankie’s death, believed that both of Frankie’s sisters were his biological daughters. However, he learned after a paternity test six months ago that one of the girls was fathered by Jorge Martinez. Gonzalez relinquished his rights to his daughter Thursday. That ended Villalon’s and Gonzalez’s involvement in the termination case.
However, Martinez, who has not hired an attorney and who missed a pretrial hearing Wednesday, is still set for trial in the termination proceedings Tuesday in Waco’s 74th State District Court.
Court officials have not heard from Martinez and are unsure if he plans to attend Tuesday’s jury selection process. If he does not, court officials will determine then how to proceed.
Before Frankie’s death, Gonzalez had primary custody of the two girls and Frankie, who was born while Villalon was in prison. He promised CPS workers he would not leave the children alone with Villalon without authorized supervision, according to records filed in the case. He has told police he thought Villalon was progressing in her fight against drug abuse, and therefore, he deemed it safe to leave them alone with her while he went to work.
Robert Stem Jr., who represented Gonzalez in the termination case, said Gonzalez helped raise the two girls and considered both his own, even after he learned that one was not his biological child.
“The last year and a half has been an absolute nightmare for my client,” Stem said. “His lost his only son tragically and will forever mourn his death. He misses his daughters terribly, and at the end of the day, he did what he thought was in their best interests.”
There is no trial setting in the criminal cases against Villalon or Gonzalez. However, 19th State District Judge Thomas West has scheduled a status conference in their cases for March 11.
Kyle Dennis, who represented Villalon in her termination case, did not return phone messages Friday. Villalon’s criminal attorney, Russ Hunt, said Friday he is reviewing evidence from the McLennan County District Attorney’s Office in preparation for the March 11 status hearing.
Both Villalon and Gonzalez remain in the McLennan County Jail on their respective pending charges. Gonzalez also is under an immigration detention order.
Villalon ignited a massive search by police and community members in June 2020 after she reported that 2-year-old Frankie had gone missing during a family outing to Cameron Park.
She led police to Frankie’s body the next day and admitted she slammed his head against a wall and placed his body in a closet after he lost consciousness, according to records in the case. She told police she dumped her son in a trash bin after wrapping his body in 12 trash bags two days before she led police to the body, according to the records.
An autopsy report revealed the 25-pound toddler died of homicidal violence and suffered blunt force injuries, forehead and scalp contusions, a forehead laceration, numerous contusions to his arms and legs and three broken ribs and a broken right arm that pathologists say occurred about a month before his death.