Jairinho's defense challenges autopsy evidence days before trial in Henry Borel death case

A 4-year-old child, Henry Borel, died in 2021 from injuries allegedly inflicted by his stepfather, with the case now in final trial proceedings.
Good people, a person of the highest quality
A police officer's description of the medical examiner who would later consult on the autopsy, in an audio message connecting her to the victim's father.

Defense claims autopsy reports were altered seven times after contact between the lead examiner and a consultant hired by the victim's father, raising questions about evidence integrity. Messages show the victim's father coordinated with a medical examiner who then assisted the lead pathologist, with the examiner requesting anonymity to avoid appearing biased.

  • Henry Borel, age 4, died in 2021 after arriving at a Rio hospital with bruises; his stepfather Jairinho has been in custody since 2021
  • The autopsy report was revised seven times—three times before the body was released, four more times after the victim's father contacted a medical examiner
  • Trial scheduled for March 23, 2026; defense seeks to exclude autopsy evidence and suspend the jury trial

Days before trial, the defense of Jairinho, accused of killing his 4-year-old stepson Henry Borel in 2021, seeks to suspend the jury trial and exclude autopsy reports, alleging evidence manipulation by medical examiners.

Five years after a four-year-old boy named Henry Borel arrived at a private hospital in Rio de Janeiro's Barra da Tijuca neighborhood covered in bruises, his stepfather's legal team is mounting a last-ditch effort to keep the autopsy findings out of court. Jairo Souza Santos—known as Jairinho, a former city councilman who has been in custody since 2021—faces trial on March 23 for the child's death. Days before that hearing, his defense filed motions to suspend the jury trial entirely and exclude the medical examiner's reports, arguing that the evidence has been fundamentally compromised.

The defense's central claim rests on a series of text messages and audio recordings that paint a picture of coordination between the victim's father and a medical examiner from the civil police. According to the documents Jairinho's lawyers submitted, Leniel Borel, Henry's father, was connected to examiner Gabriela Graça by a police officer identified as Sigmar, who described her in an audio message as "good people, a person of the highest quality." Within days, Leniel contacted Graça directly and asked for her help. She agreed, and at the request of detectives, she then reached out to the lead pathologist handling the case. The messages show Leniel telling his attorney that Graça was "with us," and later thanking her for her support with the words "God bless you." Graça responded by asking to remain anonymous, writing that it would not be good for her to appear involved and that she would avoid further contact.

What makes this exchange significant to the defense is the timing and what happened next. The autopsy report on Henry Borel was revised seven times in total—three times before the body was released, and four more times nearly a month after Leniel and Graça's communications. The lead medical examiner, when questioned in court, acknowledged that he had altered the findings after consulting with other pathologists, including Graça. He testified that he had sought her help because the case was complex and he wanted to debate the injuries and "affirm them with more security." The defense argues this amounts to evidence manipulation: that a professional hired to help the father's case was simultaneously advising the examiner who produced the official findings, all while requesting anonymity to hide the arrangement.

The defense's position is that the boy arrived at the hospital alive and without bruises, and that the marks visible on his body were caused by medical staff performing resuscitation. They contend that the autopsy's descriptions of injuries were inserted after the fact, shaped by an examiner with a financial interest in a particular outcome. They also note that the lead pathologist testified he could have been "more detailed" in his initial report and that he did not know who took the photographs of the body that were included in the case file. Additionally, the defense claims the examiner destroyed evidence by discarding personal notes that were used to construct the final report.

The civil police issued a statement defending their investigation, saying it followed technical criteria and that supplementary exams and consultations were conducted to clarify what happened. They stated that from the beginning, the cause of death was clear: the boy was a victim of violence. The police rejected what they called attempts to discredit their work, describing such efforts as intended solely to benefit "two criminals who, in a cowardly manner, killed a child." Leniel Borel did not respond to requests for comment.

The trial is now set for March 23. Whether the judge allows the autopsy evidence to be presented to the jury, and whether the jury trial itself proceeds as scheduled, will determine how the case moves forward. The defense's challenge strikes at the foundation of the prosecution's case—if the autopsy findings are excluded or deemed unreliable, the state's evidence of how Henry died becomes substantially weaker. What remains clear is that a four-year-old boy came to a hospital with injuries that killed him, and five years later, the question of how those injuries were documented and by whom has become as contested as the question of how they were inflicted.

I had contact with other forensic pathologists. Dr. Gabriela Graça certainly helped me. A more complex case, I asked for help to debate the injuries and be able to affirm them better, with more security.
— Lead medical examiner, in court testimony
The professional who 'helped' the examiner write the supplementary reports and 'see' injuries that did not previously exist was the same person who, secretly and under promise of anonymity, was providing consultation to the party interested in the defendant's conviction.
— Jairinho's defense, in court filing
A Conversa do Hearth Outra perspectiva sobre a história
Inventor

Why would a medical examiner agree to help the father of a dead child and then hide that involvement?

Model

According to the messages, she was asked by detectives to consult with the lead examiner. But the defense sees it differently—they see someone with a stake in the outcome advising the person writing the official report, all while asking not to be named. That's the problem.

Inventor

Did the autopsy report actually change, or is the defense just claiming it did?

Model

It changed seven times, documented in the case file. Three times before the body was released, four more times after the father and the examiner started communicating. The lead examiner testified he made those changes after talking to her and others.

Inventor

What does the lead examiner say he was doing?

Model

He said the case was complex and he wanted help understanding the injuries better, to state them with more confidence. He framed it as professional consultation. The defense frames it as someone with an interest in conviction shaping what the official record says.

Inventor

Is there evidence the injuries were actually added to the report, or just that the descriptions changed?

Model

The defense argues the injuries themselves were inserted—that the boy arrived without bruises and they appeared during resuscitation. But the police say from the start it was clear he was a victim of violence. Those are opposite stories.

Inventor

What happens if the judge agrees with the defense?

Model

The autopsy evidence gets excluded from trial, or the jury hears it but with serious questions about its reliability. Either way, the prosecution loses its main evidence of how the child died.

Inventor

And if the judge doesn't agree?

Model

The trial proceeds March 23 as planned, the autopsy stands, and the jury decides whether the stepfather killed the boy based on that evidence—and the messages showing coordination between the father and the examiner become part of the defense's argument about bias.

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