A grand jury has not yet heard the case of culpable homicide against the father whose twins died after he left them in a hot car all day, prosecutors reported Thursday.
Juan Rodriguez appeared at the Bronx Criminal Court for a brief hearing during which prosecutors told a judge that "no grand jury action" had been taken at that time, the Office's spokesman said. Bronx district attorney, Patrice OShaughnessy The Post.
"We are still investigating," he said.
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Mr. Rodriguez, who left with a $ 100,000 bail, remains charged with two counts of manslaughter and two charges of criminally negligent murder in the July 26 deaths of Luna and Phoenix, of a one-year-old child. If the case is presented, a grand jury may eventually decide to indict the war veteran in Iraq. Prosecutors have six months to present a case.
Outside the court, Mr. Rodriguez's lawyer was optimistic that District Attorney Darcel Clark would eventually dismiss the charges.
"We understand that they will continue to evaluate all aspects of the case and welcome their assessment," said lawyer Joey Jackson. "We believe the conclusion that by evaluating all the facts, all the evidence and everything in this case, they will come to the conclusion that this is a horrible tragedy."
Next to Mr. Jackson was a crying Mr. Rodriguez, holding his four-year-old son Tristan and his wife in his arms.
Jackson said the family was "completely crushed by this incident".
"He has absolutely nothing to hide and hide except suffering and pain for what happened in this case," the lawyer said.
The children were found unconscious and foaming at the mouth in their car seats inside the staggering Honda Accord in Mr. Rodriguez's Bronx – after he forgot about them and went to work for eight hours.
His next date in court is August 27th.
"The purpose of this procedure will again be to determine whether or not a jury has been called to charge Mr. Rodriguez. Let's hope it's not like that, "said Jackson.
Mr. Rodriguez's stepfather, Carlos Hernandez, said that his parents did not have the courage to tell Tristan the truth about what happened to his brothers.
"Tristan misses his little brother and sister. He asked about them. He tells his mom he wants them, "Hernandez said." They have to find a way to explain it to him. He knows something has happened. He knows they won't come home, but he doesn't know why. "
This article originally appeared on NY Post and has been reproduced with permission