Remembering Marisela

Marisela Barajas was only 19 months old. She was still a baby in so many ways. She was not yet able to fully speak for herself or explain to another adult when something frightened her or hurt her. That would become tragically important. Marisela spent almost her entire short life involved with the child-welfare system. She was only nine days old when authorities removed her and her siblings from their parents' care after allegations of abuse within the family. For much of Marisela's life, she lived with a foster mother named Miriam Laporta. Years later, Miriam remembered something haunting about one of her final visits with Marisela after the little girl had been returned to her parents. Marisela wouldn't stop crying. Because she couldn't yet speak well enough to explain what was happening, Miriam later wondered whether those tears had been Marisela's only way of trying to tell them that something was wrong. That detail deserves to be remembered.nBecause before Marisela became the center of a murder trial and a debate about failures within the child-welfare system, she was simply a little girl. Her name was Marisela Barajas. She was 19 months old. And she needed someone to understand what she could not yet put into words.

Marisela's Story

Marisela's family had an extensive history with Los Angeles County child-welfare authorities before she was born. Her mother's children had first been removed from the home in 1992 following allegations that Maria had abused one of her sons. After counseling and parenting classes, the children were eventually returned. Then, in 1995, another child reported being abused. The children were removed again. Marisela was born during this period. She was just nine days old when she entered foster care. For approximately a year and a half, social workers, counselors and the courts worked toward eventually reunifying the family.nMaria completed counseling and parenting classes. A family counselor provided a favorable assessment indicating that the parents could provide a safe home. Based on those reports, a social worker recommended a two month trial reunification. In the spring of 1997, Marisela and her five-year-old brother were returned to their parents. Marisela would not survive those two months. According to evidence presented in court, Maria became increasingly frustrated with her toddler. Marisela knocked over a fan. She tore apart a videotape. She repeatedly tried to play in or drink water from the toilet. These were the ordinary behaviors of a 19 month old child. But prosecutors said her mother responded with escalating violence. On June 4, 1997, Maria told investigators she lost control. Marisela was violently shaken. Medical evidence showed that the force caused hemorrhaging in her eyes and brain. Her skull was also fractured by a powerful impact against a hard surface. And these were not the only injuries found on Marisela. The medical examiner documented bruising on her body and an injury inside her lip consistent with a hand being pressed forcefully over her mouth. There was also evidence of a painful abdominal injury inflicted days before her death that had caused internal bleeding around her kidneys. After Marisela became unconscious, she was not immediately taken to a hospital. Instead, Maria brought her unresponsive daughter to her sister's home and went to work. Her sister repeatedly called and told Maria that Marisela would not wake up. Maria did not return. Hours passed. When Marisela's father, Antonio Barajas, returned from work and saw his daughter, he called 911. Paramedics arrived, but Marisela showed no signs of life. She was taken to Valley Presbyterian Hospital, where she was pronounced dead. The medical examiner determined that Marisela died from the combined effects of a skull fracture and violent shaking. Her injuries were not consistent with the explanation that she had simply fallen down the stairs.

Warning Signs & System Failures

Marisela's death raised painful questions because she had already been removed from the home for her protection. Child welfare authorities knew there had been previous allegations of abuse involving her siblings. Her mother's children had been removed not once, but twice. Maria had spent years participating in counseling and parenting programs. Yet after receiving favorable reports about the family's progress, authorities decided that reunification could begin. One of the most troubling decisions involved which children were returned first. Marisela was only 19 months old. She could not adequately describe abuse to a social worker. A Los Angeles police detective who investigated her death later publicly questioned why authorities had not first returned one of the older children—someone capable of speaking and reporting if something went wrong. Marisela's former foster mother also said she had noticed changes after visits with the biological family. She remembered Marisela appearing unusually tired. During one of her final visits after reunification, the little girl cried continuously. The foster mother later wondered whether Marisela had been trying, in the only way available to her, to communicate that she wasn't safe. Two weeks before the planned reunification period would have ended, Marisela was dead. Her death became part of a broader debate in California over whether the goal of family reunification was sometimes being prioritized over the safety of vulnerable children. Marisela could not participate in that debate. She couldn't tell a judge she was afraid. She couldn't tell a social worker what happened after they left.nThe adults and systems surrounding her had to speak for her. They did not protect her in time.

Justice for Marisela

Maria Sabina Barajas was arrested after her daughter's death and prosecuted in Los Angeles County. Her defense argued that Marisela had accidentally fallen down stairs and that Maria had shaken her afterward in an attempt to revive her. Medical experts rejected that explanation. A county coroner testified that Marisela's injuries were caused by abuse rather than an accidental fall. In June 1998, a jury found Maria Barajas guilty of: Second-degree murder and Assault on a child under eight causing death. The assault conviction carried the more severe punishment.

On October 7, 1998, Maria was sentenced to: 25 years to life in prison.

Maria Sabina Barajas
Relationship to Marisela: Mother
Convictions: Second-degree murder and assault on a child under eight causing death
Sentence: 25 years to life

Marisela's father was not charged in connection with her death.

Forever Remembered

Marisela Barajas was 19 months old. She had already spent most of her life being moved through decisions made by adults. Removed. Placed in foster care. Visited. Evaluated. Returned. Monitored. And then killed. here were reports. There were counseling sessions. There were parenting classes. There were social workers. There were court hearings. There were professionals deciding whether the home was safe. But somewhere underneath all of that paperwork was Marisela. A toddler who could not yet tell those adults what was happening to her. After Marisela was returned home, her former foster mother saw her again. The little girl cried and cried. Years later, that woman was left wondering whether Marisela's tears had been her attempt to say something she did not yet have the words to say. We'll never know. What we do know is that Marisela should have been given enough time to find those words. There should have been a second birthday.There should have been sentences. There should have been school. There should have been years when Marisela could speak for herself. She never received them. Her name was Marisela Barajas. She was 19 months old. She was here. She mattered. And Abuse Angels will remember the little girl who deserved to be heard.