SPRINGVALE — In a bid for personal recognizance bail, the attorney representing a man accused of assaulting his 18-monthold nephew argued that the child’s parents are equally likely suspects in the case as his client.

Barron Foster Tracey, 33, is of Parsonsfield is charged with aggravated assault in the case, a Class B felony. He made an initial court appearance Friday via video link from York County Jail, where he has been held since his arrest late Wednesday.

Cory McKenna, who was representing Tracey on a temporary basis until the appointment of a courtappointed attorney, said the child was in his client’s care for a short time, as compared to the boy’s parents. And he said the parents themselves don’t suspect Tracey of injuring their child. He noted the parents had taken the boy to the hospital for injuries twice, once on Nov. 9 for a bruise on his forehead, and then again on Nov. 12.

“This is a very weak case,” McKenna told Judge Daniel Driscoll.

Images of the child included with an affidavit supporting Tracey’s arrest show heavy bruising around his eyes, which were swollen shut, and bruising on his body. There was bruising to the left side of the boy’s face and head, and internal injuries that included laceration to the spleen caused, according to information in the affidavit, by blunt force trauma.

York County District Attorney’s Office, represented by intern prosecutor Andrew Berggren, outlined charges against Tracey from 2002 and 2009 for receiving stolen property and criminal trespass in 2006. He argued that Tracey be held on $25,000 cash bail with a number of conditions, including that he have no direct or indirect a with the family and any child under 16 years old.

“Personal recognizance bail is not appropriate in this case,” said Judge Driscoll, setting $10,000 cash bail with the conditions specified, including Tracey have no contact with anyone under 16 years old.

“That protects juveniles and the young population,” said Driscoll.

The boy was initially taken to a Bridgton hospital on Nov. 12 before being transferred to the Barbara Bush Children Hospital at Maine Medical Center in Portland. Following his release after three-days hospitalization, he was placed with foster parents by Maine Department of Health and Human Services.

During his hospitalization, DHHS alerted the York County Sheriff ’s Office, which investigated and arrested Tracey.

The day after the child was taken to hospital, the boy’s mother told sheriff ’s deputies he had been playing and fell in the kitchen.

Tracey told deputies he had no idea how the child had been injured, according to the affidavit.

He is scheduled to make a second court appearance March 16 at York County Superior Court.

According to the affidavit, in 2008, a 2-year-old Saco child showed signs of bruising on his legs, groin and head. Saco Police and DHHS responded in that case. According to the police affidavit, Tracey was caring for the child during the time frame. No charges have been filed in connection with that case.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.