The remains of a 33-month-old boy who authorities said was beaten to death by his father will be sent to Oregon where his mother will bury him, a Family Court hearing master ordered Monday.
Zander Martino died July 10 from blows to his abdomen, authorities said. His father, 25-year-old Richard "Todd" Martino, and his girlfriend, 22-year-old Brandi Reeves, are awaiting trial on charges of murder by child abuse.
Martino wanted his son cremated and sent to a family burial plot in California. The boy's mother, Joanna Cunningham, wanted to bury him near her home in Oregon.
In court Monday, Cunningham's lawyer, Ismael Santellan, argued that his client should prevail because cremation would prevent authorities from exhuming the body if needed.
Cunningham also had been making progress with her court-ordered plan for reunification with Zander, he said.
"It was her hope for reunification," Santellan said. "At this point she just wants to bury her son."
Martino's lawyer, Gregory Mills, questioned whether Hearing Master Frank Sullivan still had jurisdiction over Zander's custody because the boy was dead.
Outside of court, Mills said Martino had suggested cremation only to make transportation to California easier. Martino has five days to appeal the decision. Mills said he didn't know whether he would.
Before making his ruling, Sullivan took responsibility for his decision to return Zander and his siblings to Martino's care about two weeks before the boy's death. The children had been placed in protective custody while the county investigated an injury to Zander.
"This child suffered the ultimate victimization while under the jurisdiction of this court under my watch," Sullivan said. "I won't allow him to be victimized any further."
He said Zander was not a piece of property that should sit in a morgue while his parents fight over him.
"He's entitled to the dignity and respect he has not gotten through this court," Sullivan said.
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