Ga. prosecutors want Nassau CPS records for Elizabeth Calvo, Adam Garber

Adam Garber and Elizabeth Calvo are charged with Adam Garber and Elizabeth Calvo are charged with felony murder and child cruelty in connection with the death of their 2-year-old son Aiden. (Dec. 29, 2013) Photo Credit: Handout

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Georgia prosecutors who have charged a Long Island couple with killing the woman's 2-year-old son are seeking records from Nassau County's Child Protective Services that may document past allegations of abuse or neglect, prosecutors said Tuesday.

"We are in the process of attempting to obtain those records," said Tracie Cason, a deputy chief assistant district attorney in Gwinnett County. "Some other witnesses have indicated there was a CPS history, but we're not sure of the extent of it. But it's my understanding there are records to obtain."

Elizabeth Calvo, 21, and her boyfriend Adam Garber, 25, who both grew up in Oceanside, face felony murder and child cruelty charges in the death of Aiden Calvo, who died at a hospital Dec. 22. Aiden's skull was fractured and he had bite marks and bruises on his body, police said.

A spokeswoman for Nassau's Department of Social Services, which oversees Child Protective Services, has declined to comment on the case, citing privacy laws.

Calvo's 5-year-old son, who was living with Calvo and Garber in an apartment in Norcross, Ga., when Aiden's injuries were reported to authorities, was uninjured and remains in state custody in Georgia, Cason said. Aiden and the 5-year-old have the same father, who is petitioning for custody of the boy, Cason said.

The couple, who police said blame each other for the child's death, had moved from Long Island to Norcross, northeast of Atlanta, just over a week before Aiden's death. They remain held without bail at the local detention center, Cason said.

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On Dec. 16, an emergency medical crew responded to an early morning 911 call at the couple's apartment and found Aiden with "serious injuries" and called police, Gwinnett authorities said.

Aiden was not conscious when EMS arrived and he "never regained consciousness," Cason said.

At a probable cause hearing , a Gwinnett County magistrate judge said there was enough evidence for the case to advance to Superior Court, Cason said. Attorneys for Calvo and Garber, who was sentenced in Nassau to 2 years in prison in 2010 on drug and forgery charges, could not be reached. Cason said the attorneys can apply for bail when the case reaches Superior Court. A new court date has not been scheduled, she said.

Adam Garber's father, Keith Garber, 68, formerly of Massapequa, said Tuesday his son is being represented by a court-appointed attorney and he is trying to raise money to hire private counsel.

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