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Las Vegas Woman Sues County and City for Wrongful Prosecution After Death of Her Child

By TheNevadaGlobeStaff, December 18, 2024 2:12 pm

A Las Vegas woman, previously accused of killing her infant son, has filed a lawsuit against Clark County, the city of Las Vegas, and key individuals involved in her case, alleging fabricated evidence and malicious prosecution. Kristina Kerlus, who was arrested in 2019 on charges of murder and child abuse, now seeks justice after prosecutors dropped the case in December 2022, citing a lack of evidence to support the accusations.

The lawsuit, filed Tuesday, claims that the investigation into the October 2018 death of Kerlus’ two-month-old son, Jocai Davis, was mishandled from the start. Kerlus’ attorneys argue that the pathologist, Jennifer Corneal, and Metro Detective A. Santos focused on proving a crime instead of uncovering the truth. According to the complaint, Corneal initially concluded the infant’s death was due to shaken baby syndrome or “Abusive Head Trauma,” despite medical evidence pointing to sickle cell trait complications as the real cause.

Kerlus’ attorneys allege that Corneal fabricated the cause of death as “blunt force head and neck trauma” and ruled the case a homicide. Another independent pathologist reviewing the findings for Kerlus’ defense later determined the death was natural and caused by sickle cell complications. A second doctor classified the cause of death as undetermined, further undermining the prosecution’s claims.

The lawsuit also singles out Detective Santos, alleging that she ignored evidence and knowingly included false statements in her reports, which directly implicated Kerlus. Despite Kerlus being at work when the child first showed signs of distress, Santos pursued her arrest instead of investigating the child’s father, who was present at the time.

Kerlus’ attorneys described the ordeal as a grievous violation of her rights, stating she was wrongfully jailed, restricted from freedom for over three years, and unjustly separated from her other children. Such an experience highlights a fundamental question: How many lives are upended when authorities rely on flawed investigations rather than objective facts?

This case serves as a sobering reminder of the importance of due process, impartial investigations, and the presumption of innocence—foundational principles that protect individuals from unjust prosecution. As Kerlus pursues accountability for the harm done to her and her family, her lawsuit raises broader concerns about the responsibility of investigators and medical examiners to seek the truth rather than convenient conclusions.

The city and county have declined to comment due to the pending litigation.

Source: Las Vegas Review-Journal 

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