Remembering Michelle

Michelle Aviles was only four months old when she died. She had barely begun her life. At four months old, Michelle should have known little more than being held, fed, comforted and protected. She was completely dependent upon the adults around her and completely incapable of protecting herself from harm. There was no way for Michelle to tell anyone what was happening inside her home. There was no way for her to leave. There was no way for her to ask someone to help her. Most of what remains publicly documented about Michelle concerns the horrific injuries discovered on her tiny body and the criminal trial that followed her death. But Michelle was a baby before she became the center of a criminal case. Her name was Michelle Aviles.  She had only been in this world for a few months, and she deserved an entire lifetime.

Michelle's Story

During the night before Michelle was hospitalized, she was at home in Haverstraw, New York, with her parents, Michael Aviles and Lissette Capellan. What happened to Michelle inside that home became the central question of a lengthy criminal trial. What was never in question was the devastating condition in which the baby ultimately arrived at the hospital. Michelle's parents said they discovered her unresponsive at approximately 1:00 a.m. They claimed they left their home for the hospital at approximately 1:30 a.m. But according to evidence presented during the case, they did not arrive at Nyack Hospital until approximately 4:22 a.m. More than three hours had passed after Michelle was reportedly discovered unresponsive. When emergency room nurses saw Michelle, they immediately suspected child abuse. Her tiny body was covered with bruises and injuries. Michelle had suffered fractures to both sides of her skull. Her ribs were fractured.  Her skull was described during reporting on the trial as partially crushed. There was extensive bruising across her body. The injuries were catastrophic. Michelle was eventually transferred to Westchester Medical Center, but doctors could not save her. On January 16, 2011, Michelle Aviles died from her injuries. She was only four months old. Investigators turned their attention to both of Michelle's parents. Both denied hitting their daughter. But their accounts placed Michelle inside a small apartment with the two adults during the period when prosecutors believed the fatal injuries were inflicted. Evidence also showed that Michael had been drinking rum that night. At one point, Michael testified that he might have dropped Michelle after blacking out from alcohol. In another account reported during the proceedings, he acknowledged that he might have hurt his daughter but said he could not remember doing so. Lissette blamed Michael. In a videotaped police interview played during the trial, she told investigators that Michael had beaten Michelle while the baby was asleep. Prosecutors argued that Michael inflicted the violence while Lissette failed to intervene to protect their daughter. The defense maintained that the evidence could not establish beyond a reasonable doubt exactly who had inflicted Michelle's injuries. Whatever arguments would later be made in court, one fact could not be undone: A baby only months into her life had suffered a fractured skull, broken ribs and extensive bruising before dying from her injuries.

Justice for Michelle

Both Michael Aviles and Lissette Capellan were charged with second degree murder in connection with their daughter's death. The case was heard in a non jury trial before Rockland County Court Judge William K. Nelson.

Prosecutors argued that Michael had inflicted the fatal abuse and that Lissette had failed to protect Michelle. The defense argued that the evidence could not establish beyond a reasonable doubt exactly what had happened inside the apartment or who was responsible for Michelle's injuries.

The trial did not result in murder convictions.

Lissette Capellan was acquitted of the charges against her. Michael Aviles was also acquitted of second degree murder and first degree manslaughter. He was found guilty of second degree manslaughter and criminally negligent homicide in Michelle's death.

In April 2012, Michael was sentenced to 5 to 15 years in prison on the manslaughter conviction. He also received a sentence of 1⅓ to 4 years for criminally negligent homicide.

Michael Aviles

Relationship to Michelle: Father

Original charge: Second degree murder

Convictions: Second degree manslaughter and criminally negligent homicide

Sentence: 5 to 15 years in prison, with an additional sentence of 1⅓ to 4 years for criminally negligent homicide

 

Lissette Capellan

Relationship to Michelle: Mother

Original charge: Second degree murder

Outcome: Acquitted

The outcome meant that although both parents originally faced murder charges, only Michael was ultimately convicted of crimes in connection with Michelle's death.

Forever Remembered

Michelle Aviles lived for only a little over five months. Her entire lifetime stretched from one summer into the following winter. She never celebrated a first birthday. She never took her first steps. She never said her first words. She never had the opportunity to show the world who she was going to become. Instead, much of what survives publicly about Michelle describes a courtroom trying to determine exactly what happened during the final hours she spent inside her home. The adults blamed one another. Attorneys argued about who could be held responsible. A judge ultimately determined what the evidence could and could not prove beyond a reasonable doubt. But none of those legal questions change the child at the center of the case. Michelle was a baby girl. She was completely dependent upon the adults around her for safety, comfort and protection. She deserved to be held gently. She deserved to be protected. She deserved birthdays, childhood, school, friendships and decades of life beyond January 16, 2011. The devastating injuries Michelle suffered should not be softened or forgotten. But those injuries are not her identity. Her life was more than the final hours described in police reports, medical records and courtroom testimony. Her name was Michelle Aviles. She was someone's baby girl. She deserved to be held gently. She deserved to be protected. She deserved birthdays, childhood, school, friendships and decades of life beyond December 16, 2010. Abuse Angels remembers Michelle Aviles, tells the truth about the injuries she suffered, and preserves the name of the little girl whose life had barely begun.