Cledir Barros retrial: Testimony continues in father accused of child cruelty in daughter's death
GWINNETT COUNTY, Ga. - The retrial of the Gwinnett County father, accused of child cruelty in connection with the death of his 8-year-old daughter, Sayra Barros, who was beaten with a rolling pin, continued on Thursday.
The first trial of Cledir Barros ended in an 11-1 hung jury earlier this month after a week-long deadlocked deliberation.
However, this case was one that prosecutors could not let go. They believe the parents failed their daughter, but the defense argues that Barros was not aware of any abuse.
He has pleaded not guilty and denied each and every allegation.
Police say the girl was home with her stepmother, 34-year-old Natalia Barros, in January when Natalia beat the 8-year-old with a wooden rolling pin, killing her.
Cledir Barros retrial opening statements
Opening statements began on Wednesday with prosecutors describing Cledir as believing that his daughter was a demon.
"And he called her demon. He told her teachers that this little girl was ... a demon. And that she was his punishment for being unfaithful in his relationship," prosecutors told the jury on Wednesday.
Retrial of Cledir Barros: Opening statements
The retrial of a father charged in connection with the death of his eight-year-old daughter is underway in Gwinnett County. Authorities have charged Cledir Barros's wife with beating the girl to death with a wooden rolling pin. The retrial in the child cruelty case against Barros himself comes after the first jury deadlocked last week on an 11-1 vote to convict him.
The defense says the father was a truck driver who spent most of his time away from home.
"My client, Cledir, was not there. None of the children ever told him what was really going on, and I’m sure it wasn’t going on when he called in the morning and the night to pray with the children in bed," the defense told jurors.
Several of Sayra's teachers took the stand following opening statements and said the 8-year-old was a top student, who ultimately was homeschooled.
Police, DFCS testify in Cledir Barros retrial
A Gwinnett County police detective, three Division of Family & Children Services officials, and a forensic interviewer took the stand on Thursday.
At many points, Cledir Barros was seen in the courtroom shaking his head in disagreement.
The state’s witnesses helped prosecutors outline the abuse in his home, which they claim Barros knew about. The defense counters, arguing Barros never witnessed abuse and was not aware of previous alleged incidents.
At one point, the defense motioned for yet another mistrial after the prosecution asked a witness if the DFCS investigation found that Cledir knew about the abuse.
"I objected, the court sustained it. She then turned around and asked if DFCS determined if Mr. Barros knew about the abuse. That is clearly an improper question. That is why we are here," the defense attorney said.
"Your honor, first of all, DFCS and the juvenile court standard is a different standard than what we have here for this criminal case. It does not go to the ultimate issue. DFCS findings are not criminal findings, are not law enforcement findings, it is a completely different burden, a different standard and they come in in every case," the prosecutor said.
After a brief recess, the judge ruled the testimony in question would be struck from the record and instructed the jury to ignore it.
The judge hoped this would get the trial back on track.
Two of Barros' other children also testified before the court.
The testimony is expected to continue on Friday morning.