CHICAGO (CNN/AP) – An infant cut from his mother's womb in a gruesome crime reportedly opened his eyes briefly over the weekend.
Marlen Ochoa-Lopez, 19 - Chicago woman murdered, infant ripped from her womb, Photo Date: Undated / Source: Provided Handout / MGN
Marlen Ochoa-Lopez was 9-months pregnant when she was killed, and her unborn baby boy was cut from her womb.
He's in grave condition and on life support in the neo-natal intensive care unit.
Friends of the family released the photo of the baby and his father together.
The funeral for Ochoa-Lopez, who was 19, will be held Saturday at the Mount Auburn Funeral Home in Stickney, Illinois.
Separately, the Cook County Sheriff’s Office wants to know if a suburban Chicago hospital violated state law by not immediately reporting that a woman who claimed to be the mother of the baby had not given birth.
The woman was later charged with strangling the baby's mother and cutting the newborn from her womb.
The state's child welfare agency has been asked to determine if the hospital acted properly in the case.
Cara Smith, chief policy officer at the sheriff's office, said if the state's Department of Family Services determines that Advocate Christ Medical Center violated the Abuse and Neglected Children Reporting Act, there would be an investigation.
Smith's comments come just days after Clarisa Figueroa and her daughter, Desiree Figueroa, were charged with first-degree murder for allegedly strangling Ochoa-Lopez and cutting her unborn baby out of her last month before Clarisa Figueroa called 911 to report that the baby she had just given birth to was not breathing.
The Chicago Police Department and the state agency said over the weekend that the hospital never alerted them after determining in late April that the bloodied Clarisa Figueroa was not the mother.
Police said they did not learn until May 7 of the connection between Figueroa and Ochoa-Lopez when one of the teen's friends told detectives about communications between the two on Facebook.
The hospital issued a statement Monday saying that it was cooperating with local authorities but would have no comment.
Prosecutors contend that when Figueroa was brought with the baby to the hospital, she had blood on her upper body and face, which a hospital cleaned off and that the 46-year-old Figueroa was examined at the hospital and showed no physical signs of childbirth.
The question for the state agency, Smith said, is if the hospital would have been legally required to alert police or the agency about the woman claiming to be the mother of a gravely ill child.
"We will ask DCFS to advise if this unspeakable tragic set of facts was reportable," she said in a statement.
It was first reported over the weekend that the hospital did not immediately report what had happened on April 23, the day Figueroa and the baby came to the hospital.
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