Meanwhile, Marlen Ochoa-Lopez's family is still holding out hope that little boy will pull through, despite his grave condition. A family spokesperson said the child opened his eyes for the first time as his father held him. The family is also preparing for Marlen's funeral.
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The sheriff's office is questioning if the hospital the boy was taken to violated state law by not immediately reporting a woman who claimed to be the mother of a newborn had not given birth. That woman, 46-year-old Clarissa Figueroa and her daughter, Desiree, have been charged with the teenager's death.
The Cook County Sheriff's Department released a statement, saying, "We will ask DCFS to advise if this unspeakably tragic set of facts was reportable by a mandated reporter. If they determine it was, we will ensure it is immediately investigated."
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Prosecutors said, a technician at Christ Medical Center cleaned blood from Figueroa's arms, face and hands but it was unclear if any one verified if she actually gave birth. The family also asking demanding the same answers from hospital authorities.
"I'm just thinking in my own mind, if I see somebody coming in with a baby, with an umbilical and placenta, why does the mother look like she is good health, that has no blood, normal clothes. That doesn't make logical sense to me," said family attorney Frank Avila.
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DCFS said it was first contacted May 9, two weeks after police say Ochoa-Lopez was murdered and her baby forcibly taken from her womb. The sheriff's office has asked DCFS why it was not notified sooner.
Currently, there is no law or regulation to ensure a baby belongs to the person who brought them there.
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Christ Medical Center released a statement saying, "Our thoughts and prayers continue to be with the Ochoa-Lopez family. Our clinical team is committed to meeting regularly with patients and families to ensure there is open dialogue about treatment paths. Out of respect for the family's privacy, we are unable to comment on the specific content covered during our time together."
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The League of United Latin American Citizens said they would be filing a complaint on behalf of the family against the Chicago Police Department for the way the family was treated, alleging police did not take them seriously during their investigation into Ochoa-Lopez's disappearance.
Chicago police spokesman Anthony Guglielmi released a statement Monday evening, saying:
"What happened to Ms. Ochoa was senseless and the offenders responsible are barbaric cowards. Since her initial disappearance, detectives worked this case thoroughly and we were all devastated to learn what happened. We can't help but take these cases personally and cannot begin to imagine the immense grief and suffering this family must be feeling. Our heartfelt condolences go out to the entire family and we will ensure that any complaint filed against the department is investigated independently and thoroughly."
Marlen Ochoa-Lopez's funeral is this coming Saturday at Mount Auburn Funeral Home in Stickney. Visitation will be held on Thursday and Friday.