Police: 'Bloody Pillow Could Have Been Used to Smother' Baby

Judge Gerard Boyle of the Concord District Court released the Concord Police arrest affidavit for Scott Diberto yesterday showing how investigators built their case against him for allegedly severely beating and suffocating a 14-month-old girl on Jan. 26.

AS SEEN FIRST ON PATCH: Concord Man Allegedly Assaults Baby Girl

ALSO READ: Man in Concord Baby Assault Case Held

Across five pages of timeline, investigators tracked Diberto’s allegedly shifting story about the day in question in cellphone texts and interaction with the baby's mother during the investigation that ultimately resulted in his arrest on multiple charges Feb. 12.

Mother can’t find the hospital

The initial call for help came in around 11:45 p.m. on Jan. 26, when the mother of the baby girl couldn’t find a hospital. A new resident to the city, she stated that her daughter was “lethargic and had bruises” although she didn’t know how they occurred because her boyfriend was with her daughter at the time, according to the report. She was instructed to pull over and wait for an ambulance and did so at the McDonald’s Restaurant on Loudon Road.

Concord Fire and Rescue teams deemed the injuries “suspicious” and called police before transporting the girl to Concord Hospital. The girl was later med-flighted to Boston Children’s Hospital and was on life support for more than a week.

Medical records showed the extent of the injuries to the girl’s head and face to be so extreme that it required airway support to breathe. The injuries included multiple bruising to the face, retinal hemorrhages, and loss of blood and oxygen to the brain. The detective was advised that she would have “significant morbidity” from her injuries.

Officers responded the home at the same time that the baby was taken care of and alleged that Diberto was crying and stated, “This is all my fault” and “everybody is going to blame me for this” but offered no explanation as to why.

The officer alleged that Diberto stopped talking and began crying “but advised that there were never any tears” and appeared to be “fake yawning” at times when he could have been answering questions.

Initial interviews

The detective spoke with both the mother and Diberto soon after. According to their testimony, the mother was at work in Tilton until around 6 p.m. and Diberto was watching the girl in their apartment on Ormond Street in Concord.

Diberto reportedly told police that he was “the sole care provider” from the time the mother went to work until she got home. Diberto allegedly told police that the baby started crying around 10 p.m. and then again at 11 p.m. The mother stated that after Diberto brought the baby to her, she left and called 911 since the baby was limp and bruised.

When asked if the baby was injured previously, the mother said when she last saw her on the evening of Jan. 25, she had no injuries.

Diberto allegedly told officers that earlier in the day, the baby was grasping onto a cardboard toy box, her legs buckled and she fell over. He allegedly stated that when she got up, her head hit a toy stroller.

“He stated that her mouth was trickling with blood after,” the detective wrote. “He provided no other explanation for her injuries.”

The detective noted that the explanation “did not explain why (the baby) was in the hospital,” and added that Diberto at the time of the affidavit, “has not provided any other information to police” that would account for the injuries.

Police obtained a search warrant of Diberto’s cellphone and allegedly confirmed that he was babysitting and had communicated with the mother during the day.

At 12:45 p.m., Diberto allegedly texted that the baby’s legs gave out and she cut her lip on the box but she was OK and “a trooper.” At 3:17 p.m., Diberto allegedly told the mother that the baby was bleeding from her lip and gums adding, “I think she fell on the corner face first.” He also allegedly wrote about the baby’s biological father, stating that if he did not “man up soon,” he was going to have to visit him just for a minute, according to the report.

The detective alleged that in the next text, Diberto allegedly wrote, “Im getting so sick of peoples sh-- Im gna lost it on everybody soon i can only put up with so much for so long” while also arguing with his own mother via text message. The detective also alleged that Diberto seemed “frustrated” in some of his messaging and was going to “lose it” during the time period in question.

Diberto then allegedly informed the mother that he was going to leave the baby, since she was “passed out,” and make a trip to 7-Eleven. The mother objected and Diberto then allegedly claimed he would buddle her up and take her out.

Diberto allegedly later admitted to police that he left the baby in the apartment so that he could go to the store and buy cigarettes. When he got back, he allegedly told police, “the door was slightly ajar and inferred that there had been an intruder that hurt (the baby).”

A review of video surveillance at the store reportedly showed that Diberto bought a pack of Marlboros at noon on the day in question but also a six-pack of Bud Light beer at around 4:15 p.m. Police allege that he was alone in the store during both trips.

When she got home from work, the mother checked on the baby and she appeared to be sleeping in her playpen. However, she did not get close to her so that she did not wake her up, according to the detective. 

The mother assists police

On Jan. 31, according to the report, the mother began to assist police with their investigation.

The mother, with detectives monitoring, contacted Diberto via text message and cellphone and during this interaction, he allegedly changed his story, reportedly telling the mother that he had tossed the baby into the air to catch her and she tripped on some shoes and fell down the stairs. He allegedly stated he thought she was OK and that he was sorry.

“I wana die and I deserve too,” he allegedly wrote, while a detective alleged that Diberto had not told police any new story about the injuries.

In Boston, the medical team assisting the baby stated that Diberto’s alleged comments didn’t match up with the injuries and police later got a search warrant for the apartment.

Detectives allegedly found blood in the baby’s bedroom, on a mattress, a pillow, a wall behind a playpen, and on a pink baby bathrobe. The toy box was in the living room and police allege there was no evidence that the baby was hurt in that area. They also checked the hallway and stairwell and there was no evidence of injury there either.

“Based on the totality of the information available at this time, it appears that the bloody pillow could have been used to smother (the baby),” the detective alleged, adding that it would seem to match the medical diagnosis as well.

Police also spoke to neighbors who reported hearing some banging in the apartment on the day in question. Another detective determined that the banging would have come from the bedroom, based on the location of the neighbor's testimony.

Witness tampering charge

On Feb. 8, while reportedly in another jurisdiction, Diberto was communicating with the mother, according to detectives.

Diberto allegedly stated that he knew he was going to prison for “that f---ing baby’s injuries.” When the mother stated that the baby might not be able to walk again, Diberto allegedly texted that he was going to slit his wrist. The mother wrote back saying that it wasn’t about him, but about the baby. Diberto later allegedly requested the mother not tell police about the incident on the stairs writing, “U cant tell them i said that u have to say u forgot till now and that ur sorry that u forgot but ur memory has always been horrible and u were all emotional.” The report stated that Diberto would face the charge in another community based on the interaction.

Detectives also spoke with the mother of Diberto’s own 2-year-old daughter who stated that when they lived together, he could not tolerate his own daughter’s crying and would state, “I can’t deal with it.” She alleged he was very unpredictable and there was no telling what he could do. Diberto was allegedly not allowed unsupervised contact with his daughter, according to police. She alleged that he had a bad temper that would escalate very fast.

Police also spoke with Diberto’s mother who reportedly told police he wouldn’t talk about the incident and she was “obviously distraught” about the baby’s injuries. She reportedly told police that he had “anger issues” and “punches pillows” to get his anger out. She also mentioned that he would take walks to relieve stress. The detective stated that the revelations were “highly concerning” given the nature of the evidence found at the apartment.

Comments of Facebook

Between the date of the reported assault on the baby and Feb. 11, the day before he was arrested, Diberto’s Facebook timeline is littered with comments ranging from “can never forgive myself” to a post about waging money on the Super Bowl game.

On Feb. 5, he posted “it sucks i hate myself so much,” and “i will never b able to forgive myself i still love her i dnt know what to do.”

On Feb. 6, Diberto said that he was “depressed” to the point of not caring anymore. A friend and a family member tried to console him saying that “this phase will pass.”

On Feb. 7, he posted that he was in a new relationship but then posted, “life sucks then u die thats it,” two days later.

On Feb. 10, he wondered, “dont know wat to do anymore i guess just start over yet again,” and wrote “plz dont leave plz dont,” on Feb. 11.

The next day, he was arrested.