By Andy Furillo
afurillo@sacbee.com

A judge said from the bench today that he disagreed with a jury's verdict in his courtroom last month that acquitted a Sacramento man of murder in the death of a 3-year-old boy.

Sacramento Superior Court Judge Timothy M. Frawley's comments came in the sentencing of Rosalie Uribe, who pleaded no contest to child endangerment charges for placing her three children in the care of Joseph Skates, the man the jury turned loose.

"Don't be confused by that verdict," Frawley told Uribe, who sniffled and wiped tears from her eyes during the judge's excoriation of her and her ex-boyfriend at today's sentencing. "Joseph Skates got the benefit of the doubts that the jury apparently had. But their verdict was not innocent."

Frawley then made it clear that he felt the jury made a mistake Feb. 11 when it acquitted Skates.

"I personally was convinced by the evidence," Frawley told Uribe. "He killed your son."

The judge blasted Skates for never calling 911 when Manuel "Manny" Maciel sustained his fatal injuries Nov. 7, 2008 and instead called "his protector, his mother."

Frawley said he agreed with the prosecution theory in the case that Skates killed Maciel, who died of blunt-force trauma injuries to the head, because the boy had wet his pajamas.

"He is an emotional person," Frawley said of Skates. "He didn't deal with it right. He flew off the handle. He didn't want to kill Manny. But he reacted, and he did kill Manny."

Noting published reports in The Bee that Uribe has sought to get back together with Skates since the acquittal, Frawley advised the 26-year-old woman to "think about it."

"He's the person who killed your child," Frawley said.

Jesse Ortiz, the attorney who represented Skates at the murder trial, said today that Frawley's comments were "out of line."

"First, it's a total slap in the face to our justice system, and specifically our jurors who worked hard throughout this case and came to their verdict based on the evidence," Ortiz said.

Ortiz also disagreed with the judge's statement that Skates was not "innocent" in the case, "because a person accused is presumed innocent until proven guilty by the district attorney. That never happened. So they did find him innocent."

Before Frawley launched into his assessment of the Skates case, he denied a motion by Uribe's lawyer to reduce her conviction in the child endangerment case from a felony to a misdemeanor.

The judge said that Uribe lied to Child Protective Services workers about the source of injuries Manny had suffered in the weeks before his death, injuries that were reported to the agency by the boy's relatives.

"Because you lied, because so much time had elapsed and some of those injuries had begun to heal, CPS didn't have the legal authority to take the action that would have saved Manny's life," Frawley said. "They couldn't initiate a court action. They had no authority because you came up with half-baked lies that favored Joseph Skates."

A CPS case worker warned Uribe to not leave her children in Skates' custody, Frawley said, but she ignored it.

"And that's why you're a convicted felon," the judge said.

Frawley went on to sentence Uribe to three years probation and 90 days on the sheriff's work project, the deal to which prosecutors and defense attorneys agreed when she pleaded no contest on the eve of Skates' trial.

Uribe's lawyer, Alice Michel, also told the court that Uribe had her parental rights terminated on Thursday to her surviving sons, who are 7 and 5. They are now living with an aunt in Madera.

Call The Bee's Andy Furillo, (916) 321-1141.

Previous coverage:

Uribe tries to regain custody of two surviving children, Sacramento County prosecutor says - Feb. 27, 2010

Jury acquits Natomas man in death of boy, 3 - Feb. 12, 2010

Case in death of boy, 3, goes to Sacramento jury - Feb. 10, 2010

Failure to call 911 cited at trial in death - Feb. 5, 2010

Mom of slain boy testifies at boyfriend's murder trial - Feb. 27, 2010

Sacramento man goes on trial in death of boy, 3 - Jan. 29, 2010